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REVISED  CHARTER 


OF  THE 


CITY  OF  MANISTEE 
MICHIGAN 


COMMISSION— MANAGER  PLAN 


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ADOPTED  FEBRUARY  20th,  1922 


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REVISED  CHARTER  OF  THE  CITY  OF 
MANISTEE,  MICHIGAN 


COMMISSION— MANAGER  PLAN 


Adopted  February  20th,  1922 
Compiled  in  Pamphlet  Form  June,  1922 


COMMISSIONERS  AND  OFFICERS 

COMMISSIONERS 

J.  H.  RADEMAKER,  Mayor.  Term  expires  May  1,  1924 
SOREN  CHRISTO FFERSON,  Term  expires  May  1,  1923 
P.  N.  JACOBSON,  Term  expires  May  1,  1924 
H.  F.  MERTENS,  Term  expires  May  1,  1923 
ROBT.  C.  MILLER,  Term  expires  May  1,  1924 
SOREN  P.  NIELSEN,  Term  expires  May  1,  1923 
S.  C.  THOMPSON,  Term  expires  May  1,  1924 

OFFICERS 

JOHN  SHIELDS,  City  Manager 
JNO.  S.  WATSON,  City  Clerk 
G.  T.  SWANSBY,  City  Treasurer 
HOWARD  L.  CAMPBELL,  City  Attorney 
HOMKR  A.  RAMSDELL,  M.  D.,  Health  Officer 
A.  G.  HOEKSEMA.  V.  S.,  Milk  Inspector 
CARL  E.  BROWN,  Clerk,  Water  Dept. 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


1 


INDEX 


Appointive  Officers . 

Assessment  and  Collection  of  Taxes  . 

Board  of  Assessors . . 

Board  of  Review . . 

Bonds — Insurance  of,  etc . 

Boundaries  and  Names . 

City  Attorney — Powers  and  Duties . 

City  Clerk — Powers  and  Duties . . 

City  Manager — Powers  and  Duties . 

City  Treasurer — Powers  and  Duties  . 

Collection  and  Assessment  of  Taxes . 

Commission — Powers  and  Duties . 

Constables — Powers  and  Duties . 

Direct  Legislation — The  Initiative  . 

Districts  and  Wards — defined  . 

Elections,  Registrations  and  Nominations 

Elective  Officers . 

Education . 

Finance  . 

Fire  Service  Department . 

Franchises  . . 

General  Provisions . 

Improvements — Public  and  Special  . 

Initiative — Direct  Legislation . 

Justices  of  the  Peace — Powers  and  Duties 

Liabilities — Powers  and  Rights . 

Mayor — Powers  and  Duties . 

Miscellaneous  Provisions  . 

Names  and  Boundaries .  . 

Nominations,  Registrations  and  Elections 

Officers — Appointive . 

Officers— Elective . 

Police  Department . 

Powers,  Rights  and  Liabilities  . 

Public  and  .Special  Improvements . 

Qualifications  of  Elective  Officers . 

Registrations,  Nominations  and  Elections 

Referendum  and  Recall . 

Reorganization  under  this  Charter  . 

Rights,  Powers  and  Liabilities . 

Special  and  Public  Improvements . 

Supervisors — Powers  and  Duties . 

Taxes — Assessment  and  Collection  of . 

Wards  and  Districts — defined . 


Page 
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..  29 

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..  30 

.35-36 

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.20-21 
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..21-22 
.29-31 
.15-20 
.  15 

.  9-10 

6 

.  6-9 

..12-15 
.  38 

.24-29 
.39-41 
.36-38 
5 

.32-35 
.  9-10 
.14-15 
5 

.13-14 

..41-42 

5 

..  6-9 
.20-23 
.12-15 
.  39 

5 

.32-35 
.13-14 
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11 

.42-43 

5 

..32-35 
.  15 

.29-31 

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REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


Revised  Charter  of  the  City 

of  Manistee 


Commission — Manager  Plan 

Adopted  February  20,  1922 


Preamble:  We,  the  people  of  Manistee,  under  the  constitution  of  the  State  of 
Michigan,  do  ordain  and  establish  this  Charter  for  the  City  of  Manistee. 


ARTICLE  I 

.  GENERAL  PROVISIONS— NAME  AND  BOUNDARIES 

Sec.  1.  The  Municipal  corporation  now  existing,  known  as  the  City  of 
Manistee,  and  including  so  much  of  the  County  of  Manistee  as  is  con¬ 
tained  in  the  following  description,  to-wit:  That  portion  of  Section  One 

(I)  west  of  Manistee  Lake,  entire  Sections  Two  (2),  Ten  (10),  Eleven 

(II)  and  Twelve  (12);  Lots  Two  (2)  and  Three  (3)  of  Section  Thir¬ 
teen  (13);  North  East  Quarter  (*4)  of  the  North  West  Quarter 
(1/4)  of  the  North  East  Quarter  ( 14 )  of  said  Section  Thirteen  (13);  all  in 
Town  Twenty-one  (21)  North,  Range  Seventeen  (17)  West;  also  Lot  Seven 
(7)  of  Section  Eighteen  (18),  Town  Twenty-one  (21)  North,  Range  Sixteen 
(16)  West,  also  all  that  portion  of  Manistee  Lake  lying  eastward  of  and 
adjoining  said  lands  and  within  fifty  (50)  rods  of  the  West  shore  of  said 
lake;  shall  remain  and  continue  to  be  a  body  politic  and  corporate  under 
the  same  name,  with  power  and  authority  to  change  its  boundaries  in 
manner  authorized  py  law. 

POWERS,  RIGHTS  AND  LIABILITIES 

Sec.  2.  (a)  By  the  Name  of  the  City  of  Manistee,  the  City  shall  have 
perpetual  succession  and  shall  own,  possess  and  hold  all  property,  real  and 
personal  theretofore  owned,  possessed  or  held-  by  the  City  of  Manistee. 

(b)  Shall  succeed  to  all  the  rights  and  liabilities  and  shall  acquire  all 
benefits,  and  shall  assume  and  pay  all  bonds  and  obligations  of  said  City  of 
Manistee;  by  that  name  may  have  and  use  a  common  seal  and  alter  the  same 
at  pleasure;  may  sue  and  be  sued,  contract  and  be  contracted  with;  may 
purchase,  receive,  hold  and  enjoy  real  and  personal  property  for  purposes 
for  which  it  is  incorporated,  or  may  sell  and  dispose  of  the  same. 

(c)  The  Legislative  and  Executive  Powers  of  the  City  shall  extend  to  all 
matters  of  local  and  Municipal  Government,  it  being  the  intent  hereof  that 
the  specifications  of,  particular  powers  by  any  other  provision  of  this 
Charter,  shall  never  be  construed  as  impairing  the  effect  of  the  general  grant 
of  powers  of  local  government  bestowed  upon  cities. 

(d)  The  City  shall  have  all  powers,  privileges  and  functions  which,  by 
or  pursuant  to  the  Constitution  of  this  State,  or  by  Legislative  Enactment, 
have  been  or  may  be  granted  to  or  exercised  by  Cities  of  this  State. 


5 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


(e)  All  processes  against  the  City  shall  run  against  the  City  in  the  cor¬ 
porate  name  thereof,  and  may  be  served  by  leaving  a  certified  copy  with  the 
Mayor,  City  Clerk  or  City  Attorney. 

WARD  AND  DISTRICTS 

Sec.  3.  (a)  There  shall  be  but  one  ward  in  the  City  of  Manistee.  The 
City,  however,  shall  be  divided  into  the  following  districts: 

The  First  District  shall  include  all  that  portion  of  the  City  described  as 
follows: 

Lots  Two  (2),  Three  (3),  Four  (4)  and  Five  (5)  of  Section  One  (1));  Lots 
One  (1)  and  Two  (2)  and  the  North  East  Quarter  (14)  of  the  South  East 
Quarter  (1/4)  of  Section  Two  (2)  and  Lot  Five  (5)  of  Section  Twelve  (12). 

The  Second  District  shall  include  all  that  portion  of  said  City  described  as 
follows: 

Lots  Three  (3)  and  Four  (4)  and  the  South  One  Half  (14)  of  the  South 
East  Quarter  (14)  of  Section  Two  (2)  and  Lots  One  (1)  and  Two  (2)  of 
Section  Eleven  (11);  that  portion  of  Lot  Three  (3),  Section  Eleven  (11),  ly¬ 
ing  North  of  the  Channel  of  the  Manistee  River. 

The  Third  District  shall  include  all  of  Sections  Ten  (10)  and  Eleven  (11) 
lying  south  of  the  channel  of  the  Manistee  River. 

The  Fourth  District  shall  include  all  that  portion  of  said  City  described  as 
follows: 

Lot  Six  (6)  of  Sect'on  One  (1)  and  Lot  One  (1)  of  Section  Twelve  (12). 

The  Fifth  District  shall  include  all  that  portion  of  said  City  described  as 
follows: 

Lot  Two  (2)  and  the  South  West  Quarter  (14)  of  the  North  West  Quarter 
(14)  of  Section  Twelve  (12). 

The  Sixth  District  shall  include  all  that  portion  of  said  City  described  as 
follows: 

Lot  Three  (3)  except  that  portion  lying  East  of  Kosciusko  Street  and 
South  West  Quarter  (14)  of  Section  Twelve  (12). 

The  Seventh  District  shall  include  all  that  portion  of  said  City  described  as 
follows: 

Lot  Four  (4)  of  Section  Twelve  (12),  Lots  Two  (2)  and  Three  (3)  of 
Section  Thirteen  (13),  Lot  Seven  (7)  of  Section  Eighteen  (18),  that  portion 
of  Lot  Three  (3)  of  Section  Twelve  (12)  lying  East  of  the  center  line  of 
Kusciusko  Street  and  the  North  East  Quarter  (14)  of  the  North  West 
Quarter  (14)  of  the  North  East  Quarter  (14)  of  Section  Thirteen  (13). 

(b)  Each  District  shall  constitute  a  voting  precinct,  providing  that  the 
Comm'ssion  may  by  Ordinance  divide  a  District  into  two  or  more  precincts. 

(c)  Judicial  Notice  shall  be  taken  in  all  courts  and  proceedings  in  this 
State  of  the  existence  of  the  City  of  Manistee,  as  incorporated  under  this 
Charter,  and  of  all  changes  at  any  time  made  in  the  corporate  limits  of  the 
City  by  the  annexation  of  territory  thereto  or  otherwise,  and  of  the  bound¬ 
aries  of  all  districts,  and  of  all  changes  made  at  any  time  in  the  bound¬ 
aries  of  any  distr  ct  in  the  City,  or  in  any  precinct  within  said  district. 

ARTICLE  II 

REGISTRATION,  NOMINATION  AND  ELECTIONS 

Sec.  1.  The  registration  of  voters,  nomination  and  elections  held  under 
this  Charter  shall  be  in  accordance  with  the  general  laws  of  the  State,  ex- 


6 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


cept  as  herein  otherw.se  provided.  Nothing  in  the  laws  of  the  State  ap¬ 
plying  to  party  registration,  enrollment  or  any  other  party  procedure  shall 
apply  to  registration,  nom  nations  and  elections  held  hereunder.  The  resi¬ 
dence  of  the  elector  shall  be  in  the  election  precinct  in  which  is  located  his 
regular  place  of  lodging. 

Sec.  2.  The  registration  and  re-registrat'on  of  voters  shall  be  made  by 
the  City  Reg  stration  Board  wh  ch  shall  consist  of  the  City  Clerk  and  the 
City  Treasurer  of  the  City  of  Manistee,  in  accordance  with  the  provisions 
therefor  in  the  general  laws  of  the  State. 

Sec.  3.  The  mode  of  nominat  on  and  election  of  all  elective  officers  of  the 
City  to  be  voted  for  at  any  Mun  cipal  Election  shall  be  as  follows,  and  not 
otherwise: 

The  name  of  a  candidate  shall  be  printed  upon  the  ballot  when  a  petition 
of  nomination  shall  have  been  filed  in  his  behalf  in  the  manner  and  form 
and  under  the  conditions  here'nafter  set  forth. 

Sec.  4.  Each  Petition  of  Nomination  shall  contain  the  name  of  candidate, 
giving  h's  place  of  residence  with  street  and  number,  if  any,  and  shall  speci¬ 
fy  the  office  for  wh'ch  he  is  nominated.  Each  elector  signing  such  petition 
shall  add  to  his  s:gnature  h's  place  of  residence,  giving  his  street  and  num¬ 
ber,  or  other  description  sufficiently  to  identify  the  same,  and  the  date  on 
which  he  signed.  No  elector  shall  s"gn  the  Nomination  Pet'tion  of  more 
than  one  cand  date  for  the  same  office,  nor  in  case  there  are  several  places 
to  be  filled  in  the  same  office,  sign  more  petitions  for  candidates  for  that 
office  than  there  are  places  to  be  filled  in  such  office.  In  case  an  elector  has 
signed  two  or  more  conflicting  petitions,  his  name  shall  be  stricken  from 
all  such  petitions  s'gned  by  him.  To  each  Petition  of  Nominat'on  there 
shall  be  attached  an  affidavit  of  the  c'rculator  thereof  stating  that  each 
signature  appended  thereto  was  made  in  his  presence,  and  is  the  genuine 
signature  of  the  person  whose  name  it  purports  to  be. 

Sec.  5.  Each  petition  of  nomination  to  be  valid  shall  contain  the  names 
of  twenty-five  qualified  electors  of  the  C;ty  of  Manistee  or  of  the  District 
where  the  cand'date  resides,  if  such  nomination  is  required  to  be  made  by 
the  electors  of  such  District.  No  such  petition  shall  be  circulated  more  than 
45  days  prior  to  the  day  of  election  and  all  such  petitions  shall  be  filed  with 
the  City  Clerk  not  less  than  30  days  pr'or  to  the  day  of  said  election. 

Sec.  6.  At  least  ten  days  before  any  election  the  commission  shall  appoint 
two  electors  of  each  precinct,  who  with  the  Supervisor  of  such  precinct,  shall 
constitute  a  Board  of  Election  Inspectors  for  said  precinct  for  sa:d  election, 
provided  that  if  the  person  holding  the  office  of  Supervisor  is  a  candidate 
for  any  office  at  said  election  or  if  there  is  no  Supervisor  residing  within 
the  precinct  or  for  any  cause  he  is  unable  to  serve,  the  Commission,  in  ad¬ 
dition  shall  appo:nt  an  elector  residing  in  said  precinct  to  take  the  place  of 
said  Supervisor. 

Sec.  7.  If  the  Commission  shall  fail  to  appo'nt  the  Election  Inspectors 
or  'n  case  any  person  so  appointed  fails  or  is  unable  to  attend  said  election 
the  voters  present  at  the  orgamzat'on  of  the  polls  shall  select  the  person  for 
the  place  left  vacant  as  aforesaid. 

Sec.  8.  There  shall  also  be  the  City  Election  Board,  which  shall  consist 
of  the  Clerk  Treasurer  and  one  elector  to  be  appointed  by  the  Commiss'on, 
who  shall*  be  the  Cha'rman  of  said  board. 

Sec.  9.  The  Municipal  Election  to  be  held  on  the  first  Monday  in  April, 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


's' 


in  the  year  1922,  and  on  the  first  Monday  of  April  of  every  year  thereafter, 
shall  be  known  as  the  General  Municipal  Election.  All  other  Municipal 
Elections  that  may  be  held  by  authority  of  this  Charter  shall  be  known  as 
Special  Municipal  Elections. 

Sec.  10.  The  City  Clerk  shall  cause  ballots  for  each  General  and  Special 
Municipal  Election  to  be  printed,  numbered  and  authenticated,  as  provided 
by  the  Constitution  and  Laws  of  the  State,  except  as  otherwise  required  in 
this  Charter.  The  ballots  shall  contain  the  full  list  and  correct  names  of 
the  candidates  nominated  therefor. 

Sec.  11.  All  ballots  printed  shall  be  identical,  so  that  without  the  numeral 
number  thereon  it  would  be  impossible  to  distinguish  one  ballot  from  an¬ 
other.  The  names  of  candidates  for  each  office  shall  be  arranged  in  alpha¬ 
betical  order  of  the  surnames;  nothing  on  the  ballot  shall  be  indicative  of 
the  source  of  the  candidacy,  or  of  the  support  of  any  candidate.  No  ballot 
shall  have  printed  thereon  any  party. or  political  designation  or  mark,  and 
there  shall  not  be  appended  to  the  name  of  any  candidate  any  such  party 
or  political  designation  or  mark,  or  anything  indicating  his  views  or  opin¬ 
ions. 

Sec.  12.  The  Commission  shall  in  addition  to  the  other  election  supplies 
required  by  general  law  furnish  each  precinct  with  two  poll  lists,  two  state¬ 
ments  of  votes  and  three  tally  sheets. 

Sec.  13.  On  the  closing  of  the  polls  the  precinct  election  board  shall  pro¬ 
ceed  to  canvass  the  vote.  The  Commission  shall  cause  a  police  officer, 
either  regular  or  special,  to  be  at  each  polling  station,  before  the  conclusion 
of  the  counting  of  the  votes  cast  for  Municipal  Officers,  who  shall  take  one 
of  the  tally  sheets  as  soon  as  it  is  completed  by  the  precinct  election  clerks 
and  turn  it  over  to  the  City  Election  Board,  who  shall  be  in  session  and  pro¬ 
ceed  to  complete  the  counting.  The  candidate  or  candidates  for  any  munici¬ 
pal  office  receiving  the  highest  number  of  votes  shall  be  declared  elected.  A 
tie  between  two  or  more  candidates  shall  be  determined  by  lot,  under  the  di- 
rect’on  of  the  City  Commission. 

Sec.  14.  No  informalities  in  conducting  Municipal  Elections  shall  invali¬ 
date  the  same,  if  they  have  been  conducted  fairly  and  in  substantial  con¬ 
formity  with  the  requirements  of  this  Charter. 

Sec.  15.  No  candidate  for  any  elective  office  shall  directly  or  indirectly 
use  or  cause  to  be  used  in  a’d  of  his  candidacy  on  the  day  of  any  municipal 
election,  more  than  one  carriage  or  other  vehicle  to  aid  voters  to  get  to  the 
polling  places.  Such  carriages  or  other  vehicles  shall  be  used  to  transport 
only  those  voters  who  by  reason  of  illness  of  other  infirmity  are  unable  to  get 
to  the  polling  places  unless  so  transported.  Any  candidate  desiring  to  use 
the  one  carriage  or  other  vehicle  above  mentioned  shall,  not  less  than  one 
day  prior  to  the  day  of  election,  file  in  the  office  of  the  Clerk  a  statement 
of  such  desire  on  his  part,  which  shall  contain  a  description  of  the  carriage 
or  vehicle  he  des'res  to  use  as  will  readily  ident'fy  the  same.  No  other 
carriage  or  vehicle  than  the  one  so  described  in  the  said  statement  shall  be 
used  by  the  said  candidate  or  by  any  committee  or  association  promoting 
his  candicacy  for  the  purpose  of  conveying  voters  to  the  polling  places  on 
the  day  of  election. 

A  violation  of  any  of  the  provisions  of  this  section  by  any  candidate  shall 
disqualify  him  from  holding  the  office  for  wh’ch  he  is  a  candidate.  Every 
elective  officer  of  the  City  shall,  at  the  time  he  takes  the  oath  of  office,  be 


8 


V 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


required  to  take  and  subscribe  an  oath  that  he  has  not  violated  any  of  the 
provisions  ,  of  this  section. 

Sec.  16.  The  provisions  of  the  State  law  relating  to  the  qualifications  of 
electors,  the  manner  of  voting,  the  duties  of  election  officers,  the  canvass¬ 
ing  of  returns,  and  all  other  particulars  in  respect  to  the  management  of 
elections,  so  far  as  they  may  be  applicable,  shall  govern  all  Municipal 
Elections,  provided  that  the  Commission  shall  convene  on  Thursday  next  suc¬ 
ceeding  each  election  at  their  usual  place  of  meeting,  and  determine  the  re¬ 
sult  of  the  election  upon  each  question  and  proposition  voted  upon,  and  what 
persons  were  duly  elected  at  the  said  election  for  the  several  offices  respect¬ 
ively,  and,  thereupon,  the  City  Clerk  shall  make  duplicate  certificates  under 
the  corporate  seal  of  the  City,  of  such  determination,  showing  the  result  of 
the  election  upon  any  quest  on  or  proposition  voted  upon,  and  what  persons 
are  declared  elected  to  the  several  offices  respectively,  one  of  which  certi- 
cates  he  shall  file  in  the  office  of  the  County  Clerk  for  the  County  of  Man¬ 
istee,  and  the  other  shall  be  filed  in  the  office  of  the  City  Clerk. 

ARTICLE  III 

DIRECT  LEGISLATION 
THE  INITIATIVE 

Sec.  1.  Any  proposed  ordinance  may  be  submitted  to  the  Commission  by 
a  petit  on  signed  by  registered  electors  of  the  City  equal  in  number  to  the 
percentum  hereinafter  required. 

Any  initiative  petition  may  be  presented  in  sections,  each  section  con¬ 
taining  a  full  and  correct  copy  of  the  title  and  text  of  the  proposed  meas¬ 
ure.  Each  signer  thereto  shall  add  to  his  signature  his  place  of  residence. 
Each  section  shall  have  attached  thereto  the  affidavit  of  the  person  solicit¬ 
ing  signatures  to  the  same,  stating  he  is  an  elector  of  said  City  and  that  all 
the  signatures  to  the  attached  sections  were  made  in  his  presence  and  that 
each  signature  to  the  petition  is  a  genuine  signature  of  the  person  signing 
the  same. 

Sec.  2.  (a)  If  the  petition  accompanying  the  proposed  ordinance  be  signed 
by  electors  equal  in  number  to  not  less  than  fifteen  percentum  of  the  reg¬ 
istered  electors  of  the  City  at  the  last  preceding  general  municipal  election, 
and}  containing  a  request  that  said  ordinance  be  submitted  forthwith  to  the 
vote  of  the  people  at  an  election,  then  the  Commission  shall  either: 

(b)  Pass  said  ordinance  without  alteration  within  twenty  days  after  the 
attachment  of  the  Clerk’s  Certificate  of  Sufficiency  to  the  accompanying 

'  petition  (subject  to  a  referendary  vote  under  the  provisions  of  this  article,)  or 

(c)  Within  twenty-five  days  after  the  Clerk  shall  have  attached  to  the 
Petition  accompanying  such  ordinance  his  Certificate  of  Sufficiency,  the 
Commiss'on  shall  proceed  to  call  a  special  election,  unless  a  general  munic¬ 
ipal  election  is  to  be  held  within  ninety  days  thereafter  at  which  special 
or  Municipal  Election  said  ordinance  without  alteration  shall  be  submitted 
to  a  vote  of  the  people. 

Sec.  3.  Whenever  any  ordinance  or  proposition  is  required  by  this 
Charter  to  be  submitted  to  the  voters  of  the  City  at  any  election  the  Com¬ 
mission  shall  order  such  ordinance  or  proposition  to  be  printed  in  one  or 
more  newspapers  published  in  the  City  and  published  in  like  manner  as 
ordinances  as  adopted  by  the  Commission  are  required  to  be  published. 


9 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


Sec.  4.  The  ballots  used  when  vot  ng  upon  such  proposed  ordinance 
shall  contain  the  words,  “For  the  ord  nance”  (setting  forth  in  full  the 
t'tle  thereof  and  stating  the  general  nature  of  the  proposed  ordinance)  and 
“Against  the  Ordinance”  (setting  forth  in  full  the  t.tle  thereof  and  stating 
the  general  nature  of  the  proposed  ord  nance).  If  a  majority  of  the  qualified 
electors  voting  on  said  proposed  ordinance  shall  vote  in  favor  thereof  such 
ord. nance  shall  thereupon  become  a  valid  and  binding  ordinance  of  the  City. 

Sec.  5.  Any  number  of  proposed  ord  nances  may  be  voted  upon  at  the 
same  election,  in  accordance  with  the  provisions  of  this  article. 

Sec.  6.  There  shall  not  be  more  special  elect  ons  held  in  any  one 
year  than  provided  by  the  General  Laws  of  the  State.  A  year  in  this 
connection  to  mean  the  time  between  the  annual  general  municipal  elections. 

THE  REFERENDUM 

Sec.  7.  No  ordinance  passed  by  the  Commission  shall  go  into  effect  be¬ 
fore  thirty  days  from  the  time  of  its  final  passage,  except  when  otherwise 
required  by  the  General  Laws  of  the  State,  or,  by  the  provisions  of  this 
Charter  respect  ng  street  improvements,  and  except  the  ordinance  making 
the  annual  tax  levy,  and  except  an  ordinance  for  the  immediate  preser¬ 
vation  of  public  peace,  health  or  safety  which  contains  a  statement  of  its 
urgency,  and  is  passed  by  a  majority  vote  of  all  the  Commissioners  elect. 

If  during  said  th  rty  days  a  petition  signed  by  qualified  electors  of  the 
C  ty  equal  in  number  to  at  least  ten  per  centum  of  the  reg  stered  electors  of 
the  City  at  the  last  preceding  Municipal  Election,  protesting  against  the  pass¬ 
age  of  such  ordinance,  be  presented  to  the  Commission,  the  same  shall 
thereupon  be  suspended  from  going  into  operat'on  and  it  shall  be  the  duty 
of  the  Commission  to  reconsider  such  ordinance,  and  if  the  same  be  not 
entirely  repealed  the  Commission  shall  submit  the  ordinance,  as  is  provided 
in  the  Sections  on  the  Initiative  in  this  Art  cle.  to  the  vote  of  the  electors 
of  the  City,  either  at  the  next  general  municipal  election  or  at  a  special 
election  to  be  called  for  that  purpose,  if  the  special  elections  permitted  by 
the  General  Laws  of  the  State  have  not  already  been  had  s’nce  the  last 
General  Municipal  Election,  and  such  ordinance  shall  not  go  into  effect  or 
become  operative  unless  a  majority  of  the  qualified  electors  voting  on  the 
same  shall  vote  in  favor  thereof.  The  provisions  of  Section  One  of  this 
Article  respect’ng  the  forms  and  conditions  of  the  Petition  and  mode  of 
verification  and  filing  shall  be  substantially  followed  with  such  modification 
as  the  nature  of  the  case  requires. 

Sec.  8.  Any  ordinance  or  measure  that  the  Commission  or  the  qualified- 
electors  of  the  City  shall  have  authority  to  enact,  the  Commission  may,  of 
its  own  mot  on,  submit  to  the  electors  for  adoption  or  rejection  at  a  General 
or  Special  Municipal  Election  in  the  same  manner  and  with  the  same  force 
and  effect  as  is  prov'ded  in  this  Charter  for  ordinances  or  measures  sub¬ 
mitted  on  petition.  At  any  Special  Election  called  under  the  provisions 
of  this  Charter  there  shall  be  no  bar  to  the  submission  of  other  questions 
to  a  vote  of  the  electors  in  addit'on  to  the  ordinances  or  measures  herein 
provided  for.  if  said  other  questions  are  such  as  may  legally  be  submitted 
at  such  elect  on.  If  the  provis:ons  of  two  or  more  measures  approved  or 
adopted  at  the  same  election  conflict,  then  the  measure  receiving  the  h'ghest 
affirmative  vote  shall  control. 


10 


« 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


RECALL 

Sec.  9.  Every  officer  of  the  City,  whether  elected  by  popular  vote  or  ap¬ 
pointed  to  fill  a  vacancy,  is  subject  to  recall  by  the  voters  of  the  City.  The 
procedure  to  effect  such  removal  from  office  shall  be  as  follows: 

va)  A  petition  signed  by  qualified  electors  equal  in  number  to  ten  per 
centum  of  the  registered  electors  of  the  City  at  the  last  preceding 
Municipal  Election,  demanding  that  the  term  of  any  elective 
officer  be  ended  on  the  first  secular  _  day  of  May  following, 
and  demanding  an  election  of  a  successor  of  such  elective  officer,  shall  be 
addressed  to  the  Commission  and  presented  to  the  City  Clerk  not  earlier 
than  sixty  (60)  days  nor  later  than  forty- five  (45)  days  before  the  regu¬ 
lar  Municipal  Election,  and  must  contain  a  statement  of  not  more  than 
200  words,  giving  the  reason  for  demanding  the  recall  of  such  officer;  pro¬ 
vided,  that  if  the  petition  is  signed  by  qualified  electors  equal  in  number 
to  25  per  centum  of  the  registered  electors  of  the  City  at  the  last  preced¬ 
ing  general  election  it  may  demand  that  said  recall  petition  be  voted  upon 
at  a  special  elect  on,  and  in  that  case  the  Commission  shall  cause  a  special 
election  to  be  held  not  earlier  than  forty-five  (45)  days  nor  later  than 
sixty  (60)  days  to  determine  whether  the  people  will  recall  said  officer; 
and  if  said  officer  fails  of  re-election  he  shall  be  deemed  removed  from  of¬ 
fice  on  completion  of  the  final  canvass  of  the  vote  thereon. 

(b)  The  provisions  of  Article  Two  respecting  forms  and  conditions  of  the 
nominating  petition  and  the  mode  of  verification  and  certification  and  filing 
shall  be  substantially  followed  with,  such  modifications  as  the  nature  of  the 
case  requires. 

(c)  In  the  published  call  for  election,  there  shall  be  presented  in  not 
more  than  two  hundred  (200)  words  the  reason  for  terminating  the  term  of 
the  officer  as  set  forth  in  said  petition  and  in  not  more  than  two  hundred 
(200)  words,  the  officer  may  justify  his  course  in  office. 

(d)  The  officer  sought  to  be  removed  shall  be  deemed  a  candidate,  and  un¬ 
less  he  resigns,  his  name  shall  be  printed  on  the  ballot.  The  nomination 
of  other  candidates  shall  be  in  accordance  with  the  provisions  of  Article  Two. 

(e)  The  officer  whose  term  is  thus  terminated  shall,  if  he  does  not  re¬ 
sign,  continue  to  perform  the  duties  of  his  office  until  the  first  secular  day 
of  May  follow-ng,  provided,  that  if  he  be  re-elected,  he  need  not  re-qualify, 
but  shall  cont'nue  to  hold  office  as  before,  and  provided  further,  if  he  be 
removed  at  a  special  election  and  provisions  of  Paragraph  (a)  of  this  Section 
shall  apply  in  regard  to  the  termination  of  his  office. 

(f)  No  officer  whose  term  has  been  terminated  as  herein  provided  or  who 
has  res  gned  from  such  office  after  a  petition  asking  for  the  termination 
of  his  term  has  been  filed  against  him,  shall  be  appointed  to  any  office  within 
one  year  after  the  date  of  his  resignation. 

Sec.  10.  No  recall  petition  shall  be  filed  against  any  officer  until  he  has 
actually  held  h's  office  at  least  three  months. 

Sec.  11.  The  Commission  may,  by  ordinance,  make  such  further  regula- 
t'ons  as  may  be  necessary  to  carry  out  the  provisions  of  this  article,  and 
to  adapt  and  apply  the  provisions  of  Article  Two  hereto. 


11 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


1 


ARTICLE  IV 
ELECTIVE  OFFICERS 

Sec.  1.  The  elective  officers  of  the  City  shall  be  seven  (7)  Commission¬ 
ers  (including  the  Mayor);  three  (3)  Assessors;  and  two  (2)  Justices  of 
the  Peace,  each  of  whom  shall  be  elected  at  large  by  the  qualified  electors 
of  the  City. 

Sec.  2.  In  each  District  a  Supervisor  and  Constable  shall  be  elected. 

Sec.  3.  The  City  Commission  shall  consist  of  seven  (7)  members  (in¬ 
cluding  the  Mayor)  who  shall  be  nominated  by  the  District  which  they  are 
to  represent,  and  who  shall  be  elected  on  a  general  ticket  by  the  City  at 
large. 

Sec.  4.  The  Commission,  at  its  first  regular  meeting  in  the  month  of 
May  of  each  year,  shall  elect  one  of  its  members,  Mayor,  who  shall  be  the 
presiding  officer  and  executive  head  of  the  City  and  perform  such  other 
duties  as  are  or  may  be  imposed  upon  him  or  authorized  by  the  laws  of  the 
State  or  by  this  Charter. 

Sec.  5.  The  term  of  the  Commissioners  shall  commence  at  ten  o’clock 
a.  m.,  on  the  first  secular  day  of  May  following  their  election  and  shall 
be  for  a  period  of  two  years  and  until  their  successors  are  elected  and 
have  qualified,  providing,  however,  that  of  the  seven  Commissioners  first 
elected  under  this  Charter,  those  elected  from  the  1st,  3rd,  5th  and  7th 
Districts  shall  be  elected  for  a  period  of  two  (2)  years  and  those  from  the 
2nd,  4th  and  6th  Districts  for  a  period  of  one  (1)  year. 

Sec.  6.  The  Board  of  Assessors  shall  consist  of  three  (3)  members,  one 
of  whom  shall  be  elected  annually,  for  a  period  of  three  (3)  years.  Their 
term  of  office  shall  commence  as  soon  as  they  have  qualified,  which  shall 
be  within  ten  (10)  days  of  their  election. 

Sec.  7.  One  Justice  of  the  Peace  shall  be  elected  every  two  (2)  years  for 
the  term  of  four  (4)  years.  They  shall  enter  upon  the  duties  of  their  of¬ 
fice  on  the  fourth  day  of  July  next  after  their  election,  provided,  however, 
that  all  Justices  of  the  Peace  of  the  City  at  the  time  this  Charter  is 
adopted  shall  hold  their  said  office  until  the  expiration  of  their  respective 
terms.  A  successor  to  the  Justice  whose  term  expires  in  1923  shall  be 
elected,  and  one  every  two  years  thereafter. 

Sec.  8.  The  Supervisors  and  Constables  shall  be  elected  for  the  term  of 
one  (1)  year.  Their  term  shall  commence  as  soon  as  the  candidates  have 
qualified,  which  shall  be  within  ten  (10)  days  after  their  election. 

Sec.  9.  Vacancies  shall  exist  when  an  elective  officer  fails  to  qualify  for 
ten  (10)  days  after  notice  of  his  election;  dies;  resigns;  is  removed  from 
office;  removes  from  City;  or,  if  a  Commissioner,  Supervisor  or  Constable, 
from  the  district  from  which  he  was  nominated  or  elected;  is  convicted  of  a 
felony  or  judicially  declared  a  lunatic  as  defined  by  the  statute;  and  may 
exist  at  the  option  of  the  Commission,  if  he  absents  himself  continuously 
from  the  City  for  ninety  (90)  days. 

Sec.  10.  If  a  vacancy  occurs  in  any  elective  office  the  Commission  shall 
appoint  an  eligible  person  to  fill  such  vacancy  until  the  next  General  Mu¬ 
nicipal  Election.  Any  vacancy  shall  be  then  filled  by  election  for  the  unex¬ 
pired  term. 


12 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


QUALIFICATIONS 

Sec.  11.  No  person  shall  be  eligible  to  any  elective  office  in  the  City 
of  Manistee,  unless  he  or  she  be  a  citizen  of  the  United  States  and  an  elect¬ 
or  of  the  City,  and,  if  a  Commissioner,  Supervisor  or  Constable,  of  the  Dis¬ 
trict  in  which  he*  or  she  desires  to  be  nominated. 

(b)  No  person  shall  be  nominated  or  elected  as  a  Commissioner  of  the 
City  unless  he  or  she  shall  be  at  least  twenty-five  (25)  years  of  age  and 
shall  have  been  a  resident  of  the  City  for  at  least  two  (2)  years  immediately 
preceding  the  date  of  nomination. 

Sec.  12.  If  any  person  elected  to  any  elective  office  shall  fail  to  qualify 
within  the  time  limited  therefor  by  this  Charter,  such  office  shall  thereby  be¬ 
come  vacant,  provided,  however,  that  the  Commission  may,  upon  request 
and  cause  shown,  extend  the  time  for  qualification  of  any  officer  for  a 
reasonable  period  if  the  interests  of  the  City  are  not  thereby  in  any  manner 
or  to  any  extent  jeopardized. 

Sec.  13.  All  members  of  the  Board  of  Assessors,  all  Supervisors  and 
Constables  shall  qualify  for  their  respective  offices  within  ten  (10)  days  af¬ 
ter  their  election.  Each  Commissioner  elected  shall  qualify  on  or  before*  the 
first  secular  day  of  May  following  his  or  her  election.  Justices  of  the 
Peace  elected  for  the  full  term  shall  qualify  on  or  before  the  first  sec¬ 
ular  day  of  July  following  their  election;  if  elected  to  fill  a  vacancy  they 
shall  qualify  within  fifteen  (15)  days  after  their  election. 

Sec.  14.  All  City  officers  shall  qualify  by  making  and  filing  with  the  City 
Clerk  the  usual  oath  of  office  required  by  the  laws  of  this  State  and  by  fur¬ 
nishing  such  bond  or  bonds  as  shall  be  required  by  the  laws  of  this  State, 
or  by  this  Charter  or  the  Ordinances  of  the  City. 

Sec.  15.  The  resignation  or  removal  of  any  officer  or  the  appointment 
of  his  or  her  successor  shall  not  release  such  officer  or  the  sureties  upon  his 
bond,  if  any  bond  there  be,  from  any  liability  of  such  officer  to  the  City,  and 
when  any  officer  shall  resign  or  shall  be  removed  from  the  office  held  by 
him  or  her  or  in  any  manner  cause  or  permit  the  said  office  to  become  va¬ 
cant,  he  or  she  shall  forthwith  and  without  demand  deliver  to  and  deposit 
with  the  City  Clerk  all  books,  documents,  papers,  moneys  and  other  property 
in  his  or  her  custody  as  such  officer  or  in  any  manner  pertaining  to  such 
office  or  belonging  to  the  City. 

THE  MAYOR— POWERS  AND  DUTIES 

Sec.  16.  The  powers  and  duties  of  the  Mayor  shall  be  such  as  are  con¬ 
ferred  upon  him  by  this  Charter,  together  with  such  others  as  are  con¬ 
ferred  by  the  Commission  pursuant  to  the  provisions  of  this  Charter  or 
to  the  Laws  of  the  State. 

Sec.  17.  He  shall  be  the  presiding  officer  of  the  City  Commission  and 
shall  exercise  all  the  powers  conferred  and  perform  all  the  duties  imposed 
upon  the  presiding  officer  of  the  Commission  by  the  Charter.  He  shall  ap¬ 
point  all  standing  and  special  committees  of  the  City  Commission.  He  shall 
be  recognized  as  the  official  head  of  the  City  by  the  Courts  for  the  purpose 
of  serving  civil  process,  by  the  Governor  for  the  purposes  of  the  military 
law,  and  for  all  ceremonial  purposes. 

Sec.  18.  The  Mayor  shall  have  the  power  to  take  the  command  of  the 
peace  and  to  govern  the  City  by  proclamation  during  times  of  great  pub¬ 
lic  danger,  and  this  right  shall  not  be  abridged  or  abrogated. 


13 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


Sec.  19.  During  the  disability  of  the  Mayor,  the  functions  of  his  office 
shall  devolve  upon  some  member  of  the  City  Commission  designated  by 
that  body.  * 

Sec.  20.  He  shall  exercise  all  other  powers  and  perform  all  other  duties 
conferred  and  imposed  by  general  law  upon  Mayors  of  Cities,  except  other 
designation  as  shall  be  made  by  this  Charter  or  by  act  of  the  Commission. 

THE  BOARD  OF  ASSESSORS 
POWERS  AND  DUTIES 

Sec.  21.  The  three  Assessors  shall  constitute  the  Board  of  Assessors, 
and  shall  perform  the  duties  required  by  this  Charter  and  the  laws  of  this 
State  relating  to  the  assessment  and  levy  of  Taxes. 

Sec.  22.  They  shall,  at  their  first  meeting  after  the  General  Municipal 
Election  each  year,  elect  one  of  their  number  President  of  the  Board  who 
shall  preside  at  the  meetings  of  the  Board,  and,  if  a  vacancy  occurs  an¬ 
other  member  shall  be  elected  President  to  fill  the  vacancy.  The  City 
Clerk  shall  be  the  Clerk  of  the  Board  but  shall  not  vote  as  a  member  thereof. 

Two  members  of  the  Board  shall  constitute  a  quorum  for  the  transaction  of 
the  business  and  no  matter  coming  before  said  Board  shal]  be  approved 
or  adopted  without  the  affirmative  vote  or  approval  of  at  least  two  (2) 
members  thereof. 

Sec.  23.  The  members  of  the  Board  of  Assessors  and  the  Supervisors 
of  the  Several  Districts  of  the  City  shall  represent  the  City  of  Manistee  and 
said  Districts  upon  the  Board  of  Supervisors  of  the  County  of  Manistee 
and  shall  be  members  thereof. 

n) 

POWERS  AND  DUTIES  OF  JUSTICES  OF  THE  PEACE 

Sec.  24.  Justices  of  the  Peace  elected  under  this  Charter  shall  have 
the  same  civil  and  criminal  jurisdiction  and  powers,  and  shall  receive  the 
same  compensation  as  now  are,  or  hereafter  may  be  conferred  and  allowed 
by  the  General  Laws  of  the  State. 

Sec.  25.  They  shall  have  jurisdiction  to  hear,  try  and  determine  all 
prosecutions  and  other  cases  under  the  Ordinances  of  the  City,  and  for 
the  recovery  of  fines,  penalties  and  forfeitures  as  in  said  Ordinances  pro- 
v;ded;  w'thin  the  limits  of  their  jurisdiction  as  prescribed  and  defined  by 
the  General  Laws  of  the  State. 

Sec.  26.  They  shall  keep  a  correct  record  of  all  cases,  the  same  as  they 
are  required  to  keep  in  State  cases  and  they  shall  receive  the  same  com¬ 
pensation  in  City  cases  as  allowed  by  the  Law  in  State  cases. 

Sec.  27.  All  fines,  penalties,  forfeitures,  and  other  moneys  collected  or 
received  by  any  Justice  of  the  Peace  in  City  cases  or  which  may  in  any 
manner  or  for  any  reason  belong  to  the  C’ty  shall  be  paid  by  such  Justice 
to  the  City  Treasurer  on  or  before  the  first  Monday  of  the  month  next 
following  the  receipt  of  such  moneys;  and  on  the  first  Monday  of  each  month 
each  Justice  of  the  Peace  in  the  C,;ty  shall  file  a  full  report  to  the  Com- 
m'ssion,  duly  verified,  showing  all  cases  or  other  proceedings  taken  or  had 
before  such  Justice  during  the  preceding  month  under  the  Ord'nances  of  the 
City  or  in  which  the  CUy  may  be  in  any  manner  interested  and  the  results 
thereof. 

Sec.  28.  Each  Justice  of  the  Peace,  in  addition  to  any  other  security 

14 


I 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


required  by  law  to  be  given  for  the  performance  of  his  official  duties,  shall, 
before  entering  upon  the  duties  of  h  s  office,  give  a  bond  to  the  City,  in  a 
penalty  of  one  thousand  ($1,000)  dollars  w.th  sufficient  sureties  to  be  ap¬ 
proved  by  the  Commission,  condit:oned  for  the  faithful  performance  of  the 
duties  of  Just  ces  within  and  for  the  City. 

POWERS  AND  DUTIES  OF  SUPERVISORS 

Sec.  29.  The  Supervisors  of  the  several  Districts  of  the  City  shall 
perform  the  same  duties  as  are  provided  by  law  for  Supervisors  in  Town¬ 
ships,  except  as  otherwise  provided  in  this  Charter.  Each  Supervisor 
shall  represent  the  D  strict  in  which  he  is  elected  upon  the  Board  of  Sup¬ 
ervisors  of  Manistee  County.  They  shall  each  receive  the  compensation  al¬ 
lowed  by  the  General  Laws  of  the  State  for  like  services  in  townships. 

CONSTABLES 

Sec.  30.  Each  Constable  of  the  City  of  Manistee  shall  have  the  same 
power  and  authority  in  matters  civil  and  criminal  as  are  conferred  by  law 
upon  Constables  in  Townships,  and  shall  receive  the  same  amount  of  fees 
for  his  services,  and  he  shall  also  have  the  power  and  authority  to  serve  any 
process  issued  by  any  Justice  of  the  Peace  for  violation  of  City  Ordinances. 

Sec.  31.  Each  Constable  shall  be  a  peace  officer  of  the  City  and  shall 
be  subject  at  all  times  to  the  call  of  the  Mayor,  City  Marshall  or  Chief  of 
Police  of  the  C  ty  of  Manistee  to  act  as  he  may  be  directed  in  the  preserva¬ 
tion  of  peace  or  as  spec'al  policeman. 

Sec.  32.  The  fees  of  Constables  for  service  of  process  in  civil  cases 
shall  be  paid  by  the  parties  for  whom  such  services  are  rendered  and 
for  service  in  State  cr  minal  cases,  by  the  County  of  Manistee.  For  ser- 
v'ce  of  process  in  City  cases  fees  shall  be  paid  by  the  City  and  the  fees 
shall  be  the  same  as  are  allowed  by  the  General  Law.  Services  rendered 
upon  call  of  said  officers  of  the  City  or  as  special  police  shall  be  compen¬ 
sated  as  the  Commission  shall  direct. 

Sec.  33.  It  shall  be  the  duty  of  the  Constables  to  stop  all  disturbances  of 
the  peace  in  their  Districts  or  elsewhere  in  the  City,  and  if  unable  to  do 
so  without  help  to  call  the  Police  Force,  or  other  citizens  to  their  aid  and 
to  give  notice  to  the  Marshall  or  Ch  ef  of  Police  of  any  violation  of  the 
Laws  of  the  State  or  of  the  Ordinances  of  the  City  known  by  them. 

ARTICLE  V 
THE  COMMISSION 

Sec.  1.  (a)  The  legislative  authority  of  the  City  subject  to  the  reservation 
of  powers  to  the  people  contained  herein  shall  be  vested  in  a  Commission, 
consisting  of  the  seven  Comm'ssioners  and  the  City  Clerk.  The  City  Corn¬ 
in' ssion  shall  perform  the  duties  required  of  it  by  th's  Charter  and  the 
General  Law  of  this  State  and  whenever  by  General  Law  or  otherwise  any 
powers  or  authority  is  vested  in  the  C'ty,  the  Commissioners  may  enact 
such  appropriate  ordinances  or  pass  such  resolutions  as  may  be  necessary 
for  the  execution  and  exercise  of  such  power  and  authority  subject  to  the 
restrict' ons  imposed  by  this  Charter. 

(b)  The  City  Clerk  shall  be  Clerk  of  the  Commission,  but  shall  have  no* 
vote  therein.  He  shall  keep  a  full  record  of  all  the  proceedings  of  the 


f 


15 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


Commission  and  perform  such  other  duties  relating  to  his  office  as  the 
Commission  may  direct.  In  the  absence  of  the  Clerk  the  Commission 
shall  appoint  one  of  their  number  to-  perform  the  duties  of  his  office. 

Sec.  2.  (a)  The  Commiss.on  shall  hold  two  regular  stated  meetings  in 
each  month  for  the  transaction  of  business,  at  the  Commission  Room  in 
the  City  Building.  Special  meetings  may  be  called  by  the  Mayor  or  two 
Commissioners  in  such  manner  as  the  Commission  shall  by  ordinance  pre¬ 
scribe.  If  at  any  time  the  Commission  Room  shall  be  or  become  unsuitable 
for  meetings  of  the  Commission,  meet  ngs  shall  be  held  at  such  other  suit¬ 
able  place  within  the  City  as  the  Commission  shall  provide. 

(b)  All  meetings  shall  be  public  and  held  in  the  Commission  Chamber, 
and  any  elector  or  c  tizen  so  desiring  may  attend  such  meetings. 

(c)  Any  citizen  may  have  access  to  the  minutes  of  any  or  all  meetings  of 
the  Commission,  upon  application  to  the  City  Clerk  during  business  hours. 

Sec.  3.  Four  members  shall  constitute  a  quorum  to  transact  business, 
but  a  smaller  number  may  adjourn  from  day  to  day  and  compel  the  at¬ 
tendance  of  absent  members. 

Sec.  4.  Five  votes  shall  be  requ'red  to  pass  any  measure  involving 
expenditure  of  money,  confirming  appointments  or  removals,  granting  a 
franchise,  or  authorizing  a  bond  issue.  A  simple  majority  shall  suffice  for 
the  passage  of  any  other  measure,  except  as  otherwise  herein  provided.  The 
signature  of  the  Mayor  shall  not  be  required  in  any  case. 

Sec.  5.  No  member  shall  be  excused  from  voting  upon  matters  involv¬ 
ing  the  considerat'on  of  his  private  interests  or  his  own  official  conduct.  In 
all  other  cases  a  failure  to  vote  shall  be  entered  in  the  minutes  as  a  nega¬ 
tive  vote. 

Sec.  6.  The  Mayor  shall  preside  at  all  sessions  and  shall  have  a  vote 
the  same  as  the  other  members  of  the  commission. 

Sec.  7.  The  Commission  shall  prescribe  the  rules  of  its  own  proceedings 
and  keep  a  record  or  journal  thereof  in  the  English  language.  All  votes 
shall  be  taken  by  yeas  and  nays  and  be  so  entered  upon  the  journal  as  to 
show  the  names  of  those  voting  in  the  affirmative  and  those  in  the  negative, 
and  with ’in  one  week  after  any  meeting  of  the  Commission  all  the  proceed¬ 
ings  and  votes  taken  thereat  shall  be  published  in  one  or  more  newspapers 
of  the  City. 

Sec.  8.  The  City  Commission  may  enforce  the  attendance  of  any  offi¬ 
cer  or  employee  at  its  meetings  in  such  manner  as  may  by  Ordinance  be 
prescribed,  and  may  by  Ordinance  prescribe  punishment  for  any  misbehav¬ 
ior,  contemptuous  or  disorderly  conduct  by  any  member  of  person  present 
at  any  session  of  the  Commission. 

Sec.  9.  The  City  Manager  shall  have  a  seat  in  the  Commission  and  may 
take  part  in  all  its  proceedings  and  deliberations  on  all  matters  subject 
to  such  rules  as  the  Commission  shall  from  time  to  time  prescribe,  but 
without  the  right  to  vote. 

Sec.  10.  The  Commission  shall  have  control  of  the  finances  and  of  all 
the*  property,  real  and  personal,  of  the  City  Corporation,  except  as  may  be 
otherwise  provided  for  by  law.  and  shall  have  the  power  to  direct  the  de¬ 
posit  of  all  moneys,  bonds,  papers  and  evidences  of  value  in  any  safe,  bank 
or  banks,  and  contract  with  any  such  bank  or  banks  for  the  safe  keeping 
of  the  public  moneys,  and  for  the  receipt  of  interest  upon  such  moneys  of 
the  Corporation  deposited  with  such  bank  or  banks  by  the  Corporation  or 


16 


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REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


proper  officers  thereof  and  such  interest  shall  belong  and  be  credited 
to  the  sinking  fund.  Provided,  that  when  the  Commission  has 
directed  the  Treasurer  to  deposit  said  moneys  with  any  bank  or  banks, 
such  bank  or  banks  shall  give  a  bond  to  the  City,  with  sureties  and  in  an 
amount  to  be  approved  by  the  Commission  sufficient  to  protect  the  City  from 
loss. 

Sec.  11.  The  Commission  shall  cause  all  the  records  of  the  Corpora¬ 
tion,  and  all  books,  documents,  reports,  contracts,  receipts,  vouchers  and 
papers  relating  to  the  finances  and  affairs  of  the  City  or  to  the  official  acts 
of  any  officer  of  the  Corporation  (unless  required  by  law  to  be  kept  else¬ 
where)  to  be  deposited  and  kept  in  the  office  of  the  City  Clerk,  and  to  be  so 
arranged,  filed  and  kept  as  to  be  convenient  of  access  and  inspection  by  the 
inhabitants  of  the  City  or  any  other  persons  interested  therein,  at  all  reas¬ 
onable  times  and  it  shall  be  unlawful  for  any  person  to  secrete,  injure,  de¬ 
face,  alter,  or  destroy  any  such  books,  records,  documents,  or  papers,  or  ex¬ 
pose  the  same  to  loss  or  destruction  with  intent  to  prevent  the  contents  or 
true  meaning  or  import  from  being  known. 

Sec.  12.  Any  person  appointed  to  any  office,  board  or  employment  dur¬ 
ing  the  pleasure  of  the  Commission  may  be  removed  therefrom  by  a  vote 
of  the  majority  of  the  Commissioners  elect.  In  case  of  any  elective  offi¬ 
cers  or  appointive  officers  having  a  definite  term  fixed  by  this  Charter,  pro¬ 
vision  shall  be  made  by  Ordinance  for  preferring  charges  in  try  ng  the  same, 
and  no  removal  of  such  officer  shall  be  made  unless  a  charge  in  writing  is 
preferred  and  an  opportunity  given  to  make  a  defense  thereto.  Such  Ordi¬ 
nance  shall  provide  that  charges  may  be  preferred  by  any  citizen  pro¬ 
vided  that  there  is  endorsed  thereon  a  request  by  not  less  that  ten  (10)  resi¬ 
dent  freeholders  of  the  City  who  are  electors  therein  that  the  same  be  in¬ 
vestigated. 

Sec.  13.  To  enable  the  Commission  to  investigate  the  charges  against 
any  officer,  or  such  other  matters  as  they  may  deem  proper  to  investigate, 
the  Mayor  or  any  Justice  of  the  Peace  of  the  City  is  empowered  at  the 
request  of  the  Commission  to  issue  subpoenas  or  process  by  warrant,  to 
compel  the  attendance  of  persons  and  the  production  of  books  and  papers, 
before  the  Commission  or  any  committee  thereof. 

Sec.  14.  Whenever  the  Commission,  or  any  committee  of  the  members 
thereof,  are  author 'zed  to  compel  the  attendance  of  witnesses  for  the  in¬ 
vestigation  of  matters  which  may  come  before  them,  the  presiding  officer 
of  the  Commission,  or  Chairman  of  such  committee  for  the  time  being,  shall 
have  power  to  administer  the  necessary  oath;  and  such  Commission  or  Com¬ 
mittee  shall  have  the  same  power  to  compel  witnesses  to  testify  as  is  con¬ 
ferred  upon  courts  of  Justices  of  the  Peace. 

Sec.  15.  The  Commission  shall  audit  and  allow  all  accounts  chargeable 
against  the  City. 

Sec.  16.  The  Commission  shall  have  authority  to  enact  all  Ordinances  and 
make  all  such  regulations  consistent  with  the  laws  and  constitution  of  the 
State,  and  with  this  Charter,  as  they  may  deem  necessary  for  the  safety, 
order  and  good  government  of  the  City  and  the  general  welfare  of  the  in¬ 
habitants  thereof. 

The  style  of  all  Ordinances  shall  be  “THE  CITY  OF  MANISTEE  OR¬ 
DAINS.”  All  Ordinances  shall  require  for  their  passage  the  concurrence 
of  a  majority  of  all  the  Commissioners  elected.  All  Ordinances  shall  take 


17 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


effect  thirty  (30)  days  after  the  final  passage  thereof;  provided,  that  all 
Ordinances  in  effect  at  the  time  this  Charter  goes  into  operation  shall  re- 
ma  n  in  full  force  and  effect  until  repealed  or  nullified  in  accordance  with 
the  terms  of  th.s  Charter. 

Sec.  17.  (a)  All  Ordinances,  when  regularly  enacted,  shall  be  immediately 
recorded  by  the  Clerk  of  the  Commission,  in  a  book  to  be  called  “The 
Record  of  Ordinances”  and  it  shall  be  the  duty  of  the  Mayor  and  Clerk  to 
authenticate  the  same  by  their  official  signatures  upon  such  record. 

(b)  WAhin  one  week  after  the  passage  of  any  Ordinance  the  same  shall 
be  published  in  some  newspaper,  printed  and  circulated  within  the  City, 
and  the  Clerk  shall,  immediately  after  such  publication,  enter  on  the  record 
of  ord  nances,  in  a  blank  space  to  be  left  for  such  purpose  under  the  recorded 
ordinances,  a  certificate  stat’ng  in  what  newspaper  and  what  date  such 
publication  was  made,  and  sign  the  same  officially,  and  such  certificate 
shall  be  prima  facie  evidence  that  legal  publication  has  been  made. 

(c)  And  all  Courts  having  authority  to  hear,  try  or  determine  any  mat¬ 
ter  or  ca  se  arising  under  the  Ord  nances  of  the  City,  and  in  all  proceedings 
in  the  City  relat  ng  to  or  arising  under  the  Ordinances  or  any  Ordinance 
thereof,  judicial  notice  shall  be  taken  of  the  enactment,  existence,  provis¬ 
ions  and  continuing  force  of  the  Ordinances  of  the  City  and  whenever  it 
shall  be  necessary  to  prove  any  of  the  laws,  regulations  or  ordinances  of 
the  City,  or  any  resolution  adopted  by  the  Commission,  the  same  may  be 
read  in  all  courts  of  Justice,  and  in  all  proceedings. 

First,  from  a  record  thereof  kept  by  the  City  Clerk. 

Second,  from  a  copy  thereof,  or  of  such  record  thereof,  certified  by  the 
Clerk  under  the  seal  of  the  City. 

Third,  from  any  volume  of  Ordinances  purporting  to  have  been  written 
or  printed  by  authority  of  the  Commission. 

•  Sec.  18.  The  City  Commission  may  by  Ordinance  prescribe: 

First,  for  the  levying  and  collecting  of  rents,  tolls  and  excises. 

Second,  for  the  regulation  of  trades,  occupations  and  amusements  within 
its  boundaries. 

Third,  for  the  punishment  of  those  who  violate  the  Ordinances  of  the 
City,  but  no  punishment  shall  exceed  the  sum  of  Five  Hundred  ($500.00) 
dollars,  or  imprisonment  for  ninety  (90)  days  or  both  in  the  discretion 
of  the  Court.  Said  imprisonment  may  be  in  the  County  Jail  or  City  Prison, 
or  in  any  workhouse  in  the  State  authorized  by  law  to  receive  prisoners 
from  this  City. 

Fourth,  for  the  reasonable  use,  regulat'on  and  control  of  the  surface  of 
the  streets  of  the  City,  and  the  space  above  and  beneath  them,  subject  to 
the  limitations  imposed  by  this  Charter. 

Fifth,  foij  assessing  and  re-assessing  the  cost  of  any  Publ'c  Improvement 
or  any  portion  thereof  to  a  special  District. 

S'xth,  for  the  purchase  or  condemnation  of  the  franchises,  if  any  exist, 
and  the  property  used  m  the  operation  of  compan'es  or  individuals,  en¬ 
gaged  in  the  cemetery,  hospital,  almshouse,  electric  light,  gas  heat,  water 
and  power  business  subject  to  the  prov'sions  of  this  Charter,  and  the  Gen¬ 
eral  Laws  and  Constitution  of  this  State. 

Seventh  for  the  purchase  of  private  property  and  the  condemnation 
thereof,  for  any  public  use  or  purpose,  subject  to  fhe  prov'sions  of  this 
Charter  and  the  General  Laws  of  this  State. 


18 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


Eighth,  for  a  plan  of  streets  and  alleys  within  the  City  and  for  a  dis¬ 
tance  of  not  more  than  three  (3)  miles  beyond  its  Emits. 

Ninth,  for  the  use  and  control  and  regulation  of  streams,  waters  and 
water  courses  within  the  boundaries  of  the  City. 

Tenth,  for  the  enforcement  of  such  local  police,  sanitary  and  other  regu¬ 
lations  as  are  not  in  conflict  wAh  the  General  Laws  of  this  State  or,  incon¬ 
sistent  with  this  Charter. 

Eleventh,  for  a  system  of  civil  service. 

Twelfth,  The  City  Commission  shall  have  the  power  and  it  shall  be  their 
duty  subject  to  the  positive  grants  of  powers,  to  other  bodies  or  of  the 
reservation  of  powers  to  the  people  by  this  Charter: 

(a)  To  exercise  all  the  corporate  functions  of  the  City  in  relation  to  fi¬ 
nance  including  the  power  to  borrow  money  and  issue  bonds  when  the 
same  have  been  approved  by  the  people  in  accordance  with  the  provisions 
of  th's  Charter,  levy  taxes  and  assessments  and  make  appropriations. 

(b)  To  buy,  sell,  lease,  rent  or  condemn  real  estate  and  buildings,  but 
the  power  of  the  tax  collecting  officer  to  take  any  lawful  action  for  the 
collection  of  delinquent  taxes  and  assessments  shall  not  be  abrogated  or 
abridged. 

(c)  To  exerc'se  the  corporate  powers  in  relation  to  contracts. 

(d)  To  exercise  control  over  public  utility  plants,  including  the  power 
to  fix  rates  at  wh'ch  public  utilities  shall  be  furnished  to  consumers. 

(e)  To  grant  and  revoke  licenses  for  the  conduct  of  lawful  forms  of 
business  and  amusements,  and  to  pass  ordinances  governing  the  granting 
and  revocation  of  the  same,  and  to  license,  regulate  and  control  all  persons 
dealing  temporarily  in  any  kind  of  merchandise  within  the  City  of  Manistee 
and  to  revoke  all  such  licenses. 

(f)  To  make  all  such  readjustments  and  redistr'bution  of  the  functions  of 
the  Administrative  Department  as  are  provided  for  in  Article  VI. 

(g)  To  confirm  and  reject  appointments  and  removals  as  provided  for 
in  this  Charter. 

(h)  To  fix  the  compensation  of  all  C'ty  officers,  boards  and  employees. 
But  the  salaries  or  compensation  of  officers  elected  or  appointed  for  fixed 
and  definite  periods  or  terms  shall  not  be  raised  or  lowered  during  their 
terms.  Fees  of  officers  fixed  by  the  State  Laws  shall  not  be  changed  by 
the  Commission. 

Sec.  19.  In  t'mes  of  emergency  when  it  becomes  difficult  for  the  resi¬ 
dents  of  the  City  of  Mamstee  to  procure  or  obtain  any  article  or  commodity 
generally  necessary  to  all  residents,  or  when  the  person  or  persons  selling 
any  s^ch  art'cle  or  commodity  shall  charge  exhorbitant  prices  therefor, 
the  Comm'ssion  may  authorize  the  Mayor  to  purchase  such  articles  or 
commodities  in  sufficient  but  not  excessive  quantities  in  the  name  and  at 
the  expense  of  the  C;ty  and  to  sell  the  same  to  residents  of  the  City  at 
the  actual  cost  thereof,  but  payments  to  the  City  for  all  art'cles  or  commod¬ 
ifies  sold  by  the  City  shall  be  made  in  cash  before  the  goods  sold  are  deliv¬ 
ered  to  the  purchasers  thereof. 

Sec.  20.  The  Commission  shall  prescribe  the  character  and  amount  of 
bonds  to  be  furnished  by  any  officer  or  employee  of  the  City.  Such  bonds 
before  acceptance  by  the  Commission  shall  be  approved  as  to  form  and 
validity  by  the  CAy  Attorney  and  when  so  approved  and  accepted  by  the 
Commission  shall  be  filed  w’th  the  City  Clerk.  The  cost  of  all  official  and 


19 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


employee  bonds  required  to  be  given  under  the  provisions  of  this  Charter 
may  be  paid  by  the  City. 

Sec.  21.  Except  as  otherwise  provided  in  the  Charter,  no  contract  shall 
be  entered  into  by  the  City  Comm.ssion  for  a  period  exceeding  five  (5) 
years.  All  contracts  executed  by  the  City  shall  be  in  triplicate,  one  copy 
thereof  to  be  filed  with  the  City  Manager  and  one  with  the  City  Clerk. 

Sec.  22.  The  Commission  shall  have  the  power  and  it  shall  be  their  duty 
to  supervise,  control  and  regulate  the  manner  in  which  all  slaughter-houses 
and  all  other  places  which  through  neglect  may  constitute  a  nuisance,  shall 
be  conducted,  so  as  in  no  way  to  be  an  offense  or  injury  to  the  health  of 
the  inhabitants  of  the  City.  The  Commission  shall  also  fully  control  and 
regulate,  in  all  parts  of  the  City  where  sewers  are  not  constructed,  all  out¬ 
houses  used  for  domestic  purposes,  seeing  that  the  same  are  kept  in  as 
sanitary  condition  as  possible  and  no  injury  or  offense  either  to  the  owner 
thereof  or  their  neighbors;  and  in  all  cases  where  sewers  are  constructed 
the  owners  of  adjoining  houses  shall  be  compelled  to  install  water  closets  of 
approved  pattern  and  design  and  shall  keep  the  same  in  good  working  or¬ 
der  and  shall  also  have  the  power  and  authority  to  abate  and  wherever 
possible  fully  obliterate  all  menaces  to  the  pubi  c  health. 

Sec.  23.  The  Commission  shall  be  the  Board  of  Health  of  the  City  and 
shall  perform  the  duties  thereof  as  required  by  the  General  Laws  of  the 
State. 

Sec.  24.  (a)  The  CLty  Commission  shall  by  ordinance  provide  for  a  gen¬ 
eral  fund  to  be  known  as  the  Manistee  City  Public  and  School  Library 
Fund,  and  to  provide  for  a  Board  of  Trustees  for  the  care,  management 
and  disbursement  of  said  Library  Fund,  and  for  the  management  and  con¬ 
trol  of  said  Manistee  City  Public  and  School  Library. 

(b)  Said  Board  of  Trustees  to  be  appo'nted  by  the  City  Commission  for 
a  period  of  five  (5)  years;  provided,  however,  that  of  the  five  trustees 
first  appointed,  one  shall  be  appointed  for  one  (1)  year;  one  for  two  (2) 
years;  one  for  three  (3)  years;  one  for  four  (4)  years;  and  one  for  a 
period  of  five  (5)  years. 

(c)  All  rules,  regulations  and  disbursements  of  moneys  recommended  by 
said  Library  Board  shall  be  approved  by  the  City  Commission. 

ARTICLE  VI 
APPOINTIVE  OFFICES 

Sec.  1.  The  City  Commission  shall  by  a  majority  vote  of  the  Commiss¬ 
ioners  elect,  appoint  a  City  Clerk,  City  Treasurer,  City  Manager  and  City 
Attorney.  The  Commission  may  also  appoint  such  other  officers  and  em¬ 
ployees  as  it  may  from  time  to  time  deem  necessary  to  carry  this  Charter 
into  effect.  All  appo'ntive  officers  shall  receive  such  compensation  as  the 
Commission  may  deem  just.  They  shall  not  be  appointed  during  a  defi¬ 
nite  term  but  hold  office  during  the  pleasure  of  the  Commission,  provided 
that  the  Commission  may  contract  in  writing  with  any  officer  or  employee 
for  the  performance  of  services  by  said  employee  or  officer  for  a  period 
not  to  exceed  two  (2)  years. 

CITY  CLERK 

Sec.  2.  The  City  Clerk  shall  be  the  Clerk  of  the  Commission  and  Sec- 


20 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


retary  of  the  Mayor  and  City  Manager,  and  shall  attend  all  meetings  of 
the  Commiss/on.  He  shall  keep  a  record  of  the  proceedings  of  the  Com¬ 
mission,  he  shall  also  keep  the  corporate  seal  and  shall  affix  the  same  to  all 
instruments  and  documents  requiring  the  seal  and  attest  the  same.  He  is 
hereby  authorized  to  administer  all.  oaths  required  to  be  administered  under 
the  provisions  of  this  Charter,  but  shall  receive  no  compensation  therefor. 

Sec.  3.  He  shall  perform  such  other  duties  as  may  be  provided  for  in  this 
Charter  and  as  may  be  assigned  to  him  by  the  Commission. 

Sec.  4.  He  may  designate  one  or  more  employees  in  his  office  as  a  dep¬ 
uty  or  deputes,  who  shall  perform  all  the  duties  of  said  City  Clerk  in 
case  of  his  absence. 

Sec.  5.  At  the  close  of  the  fiscal  year,  or  oftener  if  it  be  required  by  the 
Commission,  the  clerk  shall  make  out  a  statement  in  detail  of  the  revenue 
and  expenditures  of  the  City  during  the  preceding  period,  which  statement 
shall  show  in  detail  the  financial  condition  of  the  City  at  the  close  of  said 
period.  The  Commission  may  pass  such  Ordinances  as  are  necessary  gov¬ 
erning  the  making  of  such  report  and  what  it  shall  contain. 

CITY  TREASURER 

Sec.  6.  The  City  Treasurer  shall  have  the  custody  of  all  moneys,  bonds, 
mortgages,  notes,  leases  and  evidences  of  value  belonging  to  the  City.  He 
shall  receive  all  moneys  belonging  to  and  receivable  by  the  Corporation, 
and  keep  an  account  of  all  receipts  and  expenditures  thereof.  He  shall  pay 
no  money  out  of  the  Treasury  except  in  pursuance  of  and  by  authority 
of  law,  and  upon  warrants  signed  by  the  Clerk,  and  countersigned  by  the 
Mayor,  which  shall  specify  the  purpose  for  which  the  amounts  thereof  are 
to  be  paid.  He  shall  keep  an  account  of  and  be  charged  with  all  taxes  and 
moneys  appropriated,  raised  or  received  for  each  fund  of  the  Corporation, 
and  shall  keep  a  separate  account  of  each  fund,  and  shall  credit  thereto  all 
moneys  raised,  paid  in,  or  appropriated  therefor,  and  shall  pay  every  war¬ 
rant  out  of  the  particular  fund  constituted  or  raised  for  the  purpose  for 
which  the  warrant  was  issued  and  having  the  name  of  such  fund  endorsed 
thereon  by  the  Clerk. 

Sec.  7.  The  Treasurer  shall  render  to  the  Clerk  on  the  first  Monday  of 
every  month,  and  oftener  if  required,  a  detailed  report  of  the  amounts  re¬ 
ceived  and  credited  by  him  to  each  fund  and  on  what  account  received,  and 
the  amounts  paid  out  by  him  from  each  fund  during  the  preceding  month, 
and  the  amount  of  money  remaining  in  each  fund  on  the  day  of  his  report. 
He  shall  also  exhibit  to  the  Commission  annually  on  the  fifteenth  day  of 
March,  a  full  and  detailed  account  of  the  receipts  and  disbursements  of  the 
Treasury  up  to  the  close  of  the  last  fiscal  year,  classifying  them  therein  by 
the  funds  to  which  such  receipts  are  credited  and  out  of  which  such  dis¬ 
bursements  are  made,  and  the  balance  remaining  in  each  fund,  which  ac¬ 
count  shall  be  filed  in  the  office  of  the  Clerk  and  shall  be  published  in  one 
or  more  of  the  newspapers  of  the  City.  He  shall  also  prepare  special  re¬ 
ports  for  such  periods  as  the  Commission  may  require. 

Sec.  8.  Said  Teasurer  shall  take  receipt  of  all  moneys  paid  from  the 
Treasury,  showing  the  amount  and  fund  from  which  payment  was  made, 
and  the  voucher  or  warrant  upon  which  it  was  paid,  and  file  the  same  with 
the  Clerk  with  his  monthly  report. 


21 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


Sec.  9.  The  City  Treasurer  shall  keep  all  moneys  in  his  hands  belong¬ 
ing  to  the  City  separate  and  distinct  from  his  own  moneys,  and  he  is 
hereby  proh  bited  from  using,  either  directly  or  indirectly,  the  corporation 
moneys,  warrants  or  evidence  of  debt  in  his  custody  or  keeping,  for  his 
own  use  or  benefits,  or  that  of  any  other  person;  any  violation  of  this 
section  shall  subject  h_m  to  immediate  removal  from  office  by  the  City 
Commission  who  are  hereby  authorized  to  declare  the  office  vacant  and  to 
appoint  his  successor. 

Sec.  10.  The  City  Treasurer  shall  deposit  all  City  Funds  in  a  bank  or 
banks  designated  by  the  Commission  as  a  City  depository  or  depositories 
in  accordance  with  Sect  on  Ten  (10)  of  Article  Five  (5)  hereof,  in  the 
name  and  to  the  credit  of  the  City.  Having  so  done  and  taken  a  re¬ 
ceipt  therefor,  he  shall  be  personally  relieved  from  all  liability  and  loss 
resulting  from  failure  of  said  depository  or  depositories. 

CITY  MANAGER 

Sec.  11.  There  shall  be  chosen  by  the  City  Commission  an  officer  to  be 
known  as  the  City  Manager,  who  shall  be  the  administrative  head  of  the 
City  Government. 

Sec.  12.  Before  entering  upon  the  duties  of  his  office  the  City  Manager 
shall  take  the  official  oath  required  by  law  and  shall  execute  a  bond  in 
favor  of  the  City  for  the  faithful  performance  of  his  duties  in  such  sums 
as  shall  be  determined  by  the  City  Commission. 

Sec.  13.  The  City  Manager  shall  not  be  personally  interested  in  any 
contracts  to  which  the  City  is  a  party  for  supplying  the  City  with  mater¬ 
ials  or  labor  of  any  knd. 

Sec.  14.  It  shall  be  his  duty  to  attend  all  meetings  of,  and  to  recom¬ 
mend  to,  the  City  Commission,  from  time  to  time  such  measures  as  he 
shall  deem  necessary  or  expedient  for  it  to  adopt.  He  shall  prepare  mat¬ 
ters  for  consideration  at  meetings  of  the  City  Commission,  and  furnish 
them  with  any  necessary  information  respecting  any  of  the  departments. 

He  shall  at  such  times  as  the  Commission  may  require,  present  reports 
Horn  the  several  departments  and  shall  draw  up  an  annual  report  which 
shall  consolidate  the  special  reports  of  the  several  departments;  he  shall 
present  to  the  City  Commission  annually  an  itemized  estimate  of  the  fi¬ 
nancial  needs  of  the  several  departments  for  the  ensuing  year. 

Sec.  15.  He  shall  transmit  to  the  hands  of  the  several  departments 
wr'tten  notice  of  all  acts  of  the  City  Commission  relating  to  the  duties  of 
their  departments,  and  he  shall  make  des’gnation  of  officers  to  perform 
duties  ordered  to  be  performed  by  the  City  Commission. 

Sec.  16.  He  shall  sign  such  contracts,  license  and  other  public  docu¬ 
ments,  on  behalf  of  the  City,  as  the  City  Commission  may  authorize  and 
require. 

Sec.  17.  He  shall  have  access  at  all  times  to  the  books,  vouchers,  and 
papers  of  any  officer  or  employee  of  the  City  and  shall  have  the  power  to 
examine,  under  oath,  any  person  connected  herewith.  It  shall  be  his  duty, 
either  in  person  or  by  the  aid  of  a  competent  assistant,  to  know  the  man¬ 
ner  in  which  the  accounts  of  the  City  are  kept. 

Sec.  18.  He  shall  have  power  to  revoke  licenses  pending  the  action  of 
the  City  Commission. 

Sec.  19.  During  the  disability  of  the  City  Manager  the  City  Commis- 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


sion  shall  designate  some  properly  qualified  person  to  execute  the  func¬ 
tions  of  the  office. 

CITY  ATTORNEY 

Sec.  20.  The  City  Attorney  shall  be  the  legal  advisor  of  the  Mayor, 
Commission,  and  of  all  City  officials  and  City  Board,  including  the  Park, 
Library  and  School  Boards,  and  all  Boards  that  may  subsequently  be 
created,  shall  conduct  all  cases  in  court  wherein  the  City  or  any  depart¬ 
ment  of  the  City  shall  be  a  party  or  interested,  and  shall  perform  such 
other  duties  as  are  required  by  Ordinance  or  may  be  assigned  to  him  by 
the  Commission  or  City  Manager.  He  shall  keep  in  his  office  copies  of 
all  franchises  and  contracts  filed  with  the  City  Clerk  in  which  the  City 
is  interested,  together  with  proper  data  and  information  concerning  the 
same,  and  shall  give  to  the  Mayor  and  Commission  ample  notice  of  the 
expiration  or  term 'nation  of  any  such  franchise  or  contract.  He  shall  pass 
upon  the  legality  of  all  contracts  made  by  the  City  or  any  officer  in  its  be¬ 
half,  and  no  contract  shall  be  valid  unless  approved  by  him  as  to  form, 
validity  and  manner  of  execution,  and  such  approval  endorsed  thereon  be¬ 
fore  execution  by  the  City  Clerk  or  any  officer  thereof.  He  shall  give  opin¬ 
ions  in  writing  to  all  officials  and  heads  of  departments  named  in  this 
Charter  when  requested  in  writing  to  do  so;  he  shall  keep  on  file  in  his  of¬ 
fice  copies  of  all  written  op'nions  given  by  him  to  any  officer,  and  the 
briefs  and  transcr'pts  used  in  cases  wherein  he  appears  and  bound  books 
of  record  and  docket  entries  of  all  actions  or  proceedings  under  his  charge 
in  which  the  City  is  interested;  he  shall  cause  an  index  to  be  made  of  all 
books  and  records,  reports,  documents  and  papers,  and  a  list  of  all  statutes, 
law  books  and  other  property  of  every  description  belonging  to  his  office 
or  to  the  City,  and  deliver  the  whole  thereof  to  his  successor  in  office,  who 
shall  give  him  a  duplicate  receipt  thereof,  and  file  one  with  the  City  Clerk 
of  said  City. 

He  shall  rece  ve  such  salary  as  the  Commission  may  from  time  to  time 
fix  by  Ordinance  or  resolution;  he  may  appoint  such  deputies  as  he  may 
see  fit,  who  shall  perform  all  duties  of  the  said  City  Attorney  in  case  of 
his  actual  disability  or  absence  from  the  City,  but  without  expense  to  the 
City. 

The  City  Attorney  shall,  with'n  sixty  (60)  days  from  the  taking  effect  of 
this  Charter,  prepare  and  report  to  the  Commission  such  changes  and  mod- 
ificat'ons  in  existing  Ord'nances  as  may  be  deemed  necessary  to  adapt  the 
same  to  this  Charter,  and  as  may  be  best  calculated  to  carry  into  effect 
its  provisions,  and  he  shall  receive  no  additional  compensation  therefor. 

ADMINISTRATIVE  DEPARTMENTS 

Sec.  21.  The  heads  of  departments  shall  perform,  or  delegate  the  per¬ 
formance  of.  all  dut'es  imposed  upon  them  by  the  City  Manager  in  pur¬ 
suance  of  the  general  regulations  of  the  City  Comm'ssion-  They  shall,  of 
their  own  initiative,  or  upon  his  order,  at  any  time,  submit  to  him  state¬ 
ments  of  the  needs  of  their  several  departments,  and  propose  any  measures, 
with  or  without  specifications,  wh’ch  they  may  deem  necessary  or  advisable 
for  the  welfare  of  the  City.  They  shall  prepare  reports  and  make  esti¬ 
mates  of  the  probable  financial  requirements  of  their  departments,  in  such 
form  and  at  such  times  as  he  shall  require.  They  shall  attend  the  meet- 


23 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


J 


ings  of  the  City  Commission  but  shall  have  no  vote  therein.  They  shall 
assemble  upon  the  call  of  the  City  Manager  for  general  consideration  of 
the  affairs  of  the  City.  They  shall  recommend  the  appointment  and  dis¬ 
missal  of  subordinate  officers  and  employees  in  their  several  departments. 

Sec.  22.  The  powers  of  all  administrative  officers  and  boards  shall  be  ad¬ 
ministrative  and  advisory  only,  with  such  exceptions  as  are  hereinafter 
noted,  and  shall  not  extend  to  the  enactment  of  general  regulations  except 
for  the  purpose  of  controlling  the  organization  within  their  several  de¬ 
partments.  No  admin  strative  officer  or  board  shall  buy,  rent,  lease,  sell  or 
condemn  any  real  estate,  buildings,  public  utility  plants,  nor  shall  any  such 
officer  or  board  enter  into  any  contracts,  or  borrow  money  on  the  credit  of 
the  City,  or  receive  gifts  in  behalf  of  the  C  ty,  of  moneys,  real  estate,  build¬ 
ings,  or  grant  franchises  or  fix  rates  at  which  water,  gas,  electricity  or  other 
commodity  may  be  furnished  to  the  consumers. 

Sec.  23.  The  administrative  officers  of  the  City  shall  make  no  expen¬ 
ditures  except  upon  the  authority  of  a  resolution  of  the  City  Commission. 

But  the  City  Commiss  on  may  at  its  discretion  set  aside  for  any  depart¬ 
ment  a  fund  for  emergency  expenses  and  enact  rules  governing  the  same. 

Sec.  24.  Nothing  in  this  Article  shall  be  construed  as  to  limit  the  tax 
collecting  officer  in  the  exercise  of  the  power  and  duties  granted  under  the 
General  Laws  of  the  State  and  this  Charter,  to  take  action  for  the  col¬ 
lection  of  delinquent  taxes  and  assessments. 

Sec.  25.  In  so  far  as  the  departments  of  the  City  Government  are 
agents  for  the  State  Government  they  shall  be  responsible  for  that  part 
of  the  performance  of  any  specific  duty  imposed  by  a  central  administration 
agency  as  is  consistent  w'th  the  distribution  of  powers  in  this  Charter,  and  r 

with  the  acts  of  the  Commission  supplementary  thereto.  That  is  to  say: 
bodies  entrusted  with  powers  of  general  regulation  shall  be  so  far  re¬ 
sponsible;  and  bodies  or  officers  upon  whom  specific  performance  is  im¬ 
posed  shall  be  held  responsible  for  the  same  by  the  central  administrative 
agency.  In  such  portions  of  the  administrative  side  of  the  City  Govern¬ 
ment  as  are  under  the  control  of  the  City  Manager,  that  officer  shall  be 
jointly  responsible  with  his  subordinates. 

ARTICLE  VII 
FINANCE 

Sec.  1.  (a)  The  City  Manager,  or  a  Deputy  under  his  direction,  shall 
have  access  to  all  books,  records  and  documents  kept  by  any  officer,  em- 
ployeer  or  department  of  the  City.  Upon  failure  of  such  officer  or  employee 
to  comply  with  the  requirements  of  the  City  Manager  therefor,  he  shall 
be  suspended  by  the  Mayor  for  a  period  of  not  exceeding  thirty  (30)  days 
and  such  failure  shall  be  grounds  for  removal  by  the  proper  authority  at 
its  discretion. 

The  Mayor  shall  immediately  remove  or  suspend  any  such  officer  or  em¬ 
ployee  upon  satisfactory  evidence  of  such  failure  being  submitted  to  him 
by  the  City  Manager. 

(b)  The  C’ty  Manager  shall  examine  and  audit  all  claims  and  demands 
against  the  City,  shall  promptly  report  to  the  Mayor  and  City  Com¬ 
mission  in  writing  any  default  or  delinquency  he  may  discover  in  the  books, 
records  or  accounts  of  any  C'ty  Department. 


24 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


(c)  He  shall  require  any  person  presenting  for  payment  an  account  or 
claim  against  the  City  to  answer  orally  as  to  any  facts  relative  to  the 
justness  of  such  account  or  claim. 

(d)  He  shall,  in  co-operation  with  the  heads  of  the  several  departments, 
prepare  blanks  for  checking,  completing  and  keeping  an  inventory  of  all 
property,  real  or  personal,  which  the  City  owns  in  whole  or  in  part,  and 
shall  keep  a  copy  thereof  in  his  office.  Inventories  of  all  property  shall  be 
furnished  by  the  head  of  each  department  at  the  end  of  each  fiscal  year, 
which  shall  show,  item  by  item,  the  sums  charged  off  or  added  for  depre¬ 
ciation  or  increase,  if  any  depreciation  or  increase  exists  since  the  pre¬ 
vious  inventory,  and  shall  be  checked  and  corrected  by  the  City  Manager. 

(e)  He  shall  establish  in  each  department,  with  the  co-operation  of  the 
head  thereof,  an  accurate  system  of  distribution  and  accounting  expendi¬ 
tures  under  the  heads  of  “Cost  of  Operation,”  “Cost  of  Maintenance”  and 
“Cost  of  Permanent  Improvements,”  which  system,  when  installed,  shall 
be  mainta’ned  by  the  several  departments. 

(f)  All  accounts,  vouchers,  bills  and  inventory  records  shall  at  all  times 
be  open  for  inspection  by  the  public  during  business  hours. 

Sec„  2.  The  Commission  shall  provide  for  an  annual  audit  to  commence 
immediately  after  the  annual  municipal  election  by  a  disinterested,  com¬ 
petent  auditor,  who  shall  have  access  to  and  shall  audit  all  the  books, 
vouchers  and  papers  in  any  way  relat'ng  to  the  finances  of  this  City  and 
shall  report  his  findings  to  the  City  Commission  in  writing. 

SeC.  3.  The  fiscal  year  of  the  City  shall  commence  on  the  first  day  of 
March  of  each  year,  unless  otherwise  provided  by  ordinance. 

Sec.  4.  The  Commission  of  the  C  ty  shall  have  authority  within  the  lim¬ 
itations  herein  prescribed,  to  raise  annually,  by  taxation  within  the  corpo¬ 
ration,  such  sums  of  money  as  may  be  necessary  to  defray  the  expenses 
and  pay  liabilities  of  the  City,  and  to  carry  into  effect  the  powers  in  this 
Charter  granted. 

Sec.  5.  The  revenues  raised  by  the  general  tax  upon  all  the  property 
in  the  City,  or  by  loan  to  be  repaid  by  such  tax,  shall  be  divided  into  the 
following  general  funds: 

First,  Contingent  Fund — To  defray  the  contingent  and  other  expenses 
of  the  C‘ty  for  the  payment  of  which  no  provision  is  made  in  any  other  fund. 

Second,  Fire  Department  Fund — To  defray  the  cost  of  purchasing  grounds, 
erecting  engine  houses  thereon,  purchasing  engines  and  fire  apparatus  and 
all  other  expenses  necessary  to  maintain  the  fire  department  of  the  City. 

Third,  General  Street  Fund — To  defray  the  cost  of  opening,  widening, 
extending,  altering  and  vacating  streets,  alleys  and  public  grounds,  and  for 
grading,  paving,  curbing,  graveling  and  otherwise  improving,  repairing 
and  cleaning  the  streets,  alleys  and  publ'c  grounds  of  the  City,  and  for 
the  construction  and  repair  of  sidewalks  and  crosswalks,  and  for  care  thereof. 

Fourth,  General  Sewer  Fund — To  defray  the  expenses  of  sewers,  drains, 
ditches  and  dra'nage,  and  the  improvement  of  water  courses. 

Fifth  Bridge  Fund — For  the  construction  and  maintaining  of  bridges. 

Sixth,  Water  Fund — For  construction  of  reservoirs,  wells,  pumping  sta¬ 
tions  and  pipe  lines,  and  providing  other  suppbes  of  water. 

Seventh,  Public  Building  Fund — For  providing  for  Public  buildings,  and 
for  the  purchase  of  land  therefor,  and  for  the  erection,  preservation  and 
repair  of  any  such  buddings,  city  hall,  libraries,  voting  stations,  prisons, 


25 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


watch-houses,  and  hospitals  as  the  Commission  is  authorized  to  erect  and 
ma  ntain,  and  not  herein  otherwise  provided  for. 

Eighth,  Police  Fhnd — For  the  maintenance  of  the  police  of  the  City,  and 
to  defray  the  expenses  of  the  arrest  and  punishment  of  those  violating  the 
ordinances  of  the  City  and  the  General  Laws  of  the  State. 

Ninth,  Interest  and  Sinking  Fund — For  the  payment  of  the  Public  Debt 
of  the  CAy  and  the  interest  thereon; 

Tenth,  Such  other  general  funds  as  the  Commission  may  from  time  to 
time  constitute. 

Sec.  6.  Revenues  and  moneys  raised  by  taxation  in  special  districts  of  the 
City  shall  be  divided  into  the  following  special  funds: 

First,  A  street  district  fund  for  each  street  district  for  defraying  the 
expenses  of  grading,  improving,  repairing  and  working  upon  the  streets 
therein,  and  for  the  payment  of  all  street  expenses  which  the  Commission 
shall  charge  upon  the  street  district; 

Second,  A  district  sewer  fund  for  each  main  sewer  district  for  the  pay¬ 
ment  of  the  costs  and  expenses  of  sewers  and  drainage  in  and  chargeable 
to  the  main  sewer  district,  when  the  City  shall  be  divided  into  such  districts; 

Third,  Special  Assessment  Funds — Any  money  raised  by  special  assess¬ 
ment  levied  in  any  special  assessment  district  or  special  sewer  district,  to  de¬ 
fray  expenses  of  any  work,  paving  improvement,  or  repairs  or  drainage, 
therein  shall  const  tute  a  special  fund  for  the  purpose  for  which  it  is  raised. 

Sec.  7.  The  aggegate  amount  which  the  Commission  may  raise  by  gen¬ 
eral  tax  upon  the  taxable  real  and  personal  property  in  the  city  for  the 
purpose  of  defraying  the  general  expenses  and  liabilities  of  the  Corpora¬ 
tion.  and  for  all  purposes  for  which  the  several  general  funds  mentioned  in 
Section  Five  (5)  of  this  Article  are  constituted  (exclusive  of  taxes  for  r, 

schools  and  schoolhouse  purposes)  shall  not,  except  as  herein  otherw  se 
provided,  exceed  in  any  one  year  two  (2)  per  cent  of  the  assessed  value 
of  all  the  real  and  personal  property  in  the  City  made  taxable  by  law. 

Sec.  8.  In  addition  to  the  above  amounts,  the  Commission  may  raise  by 
special  assessment,  in  sewer  d'stricts  and  special  assessment  districts  for 
the  purpose  of  grading  and  paving,  curbing,  gravel ’'ng,  and  otherwise  im¬ 
proving  the  streets  and  for  constructing  sewers  and  drains,  and  making 
other  local  improvements  chargeable  upon  the  lands  and  property  in  the 
district,  accord  ng  to  frontage  or  benefits,  and  for  all  other  purposes  for 
which  the  main  sewer  funds  and  special  assessment  funds  are  constituted, 
such  sums  as  they  shall  deem  necessary,  but  not  exceeding  in  any  one  year 
five  (5)  per  cent  of  the  assessed  value  of  the  property  in  the  sewer  d‘s- 
trct  or  special  assessment  district,  as  the  case  may  be,  as  shown  by  the 
last  preceding  assessment  rolls  of  the  City. 

Sec.  9.  It  shall  be  the  duty  of  the  Commission  to  cause  estimates  to  be 
made  in  the  month  of  September  in  each  year,  of  all  expend'tures  which  will 
be  required  to  be  made  from  the  several  general  funds  of  the  City  dur¬ 
ing  the  next  fiscal  year  for  the  payment  of  interest  and  debts  to  fall  due,  and 
for  lands  to  be  acquired,  buildings  to  be  erected  or  repaired,  bridges  to 
be  bu'lt,  and  for  the  paving  of  streets,  the  construction  of  sewers,  mak'ng 
improvements,  and  for  the  support  of  the  Police  and  Fire  Departments,  and 
for  defraying  the  current  expenses  of  the  year,  and  for  every  other  purpose 
for  which  any  money  will  be  required  to  be  paid  from  any  of  the  several  , 

funds  during  each  fiscal  year;  and  also,  to  estimate  the  amounts  that  will 


26 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


be  requred  to  be  expended  from  street  funds  during  said  next  fiscal  year 
in  working  upon,  improving  and  repairing  the  streets  in  the  several  dis¬ 
tricts  of  the  City. 

Sec.  10.  The  Commission  shall  also  in  the  same  month  determine  the 
amount  to  be  raised  in  the  next  general  tax  levy  to  meet  any  defi- 
cencies  for  the  current  year;  also  the  amount  or  part  of  any  assessment 
which  they  require  to  be  levied  or  re-assessed  in  the  next  general  tax  rolls 
of  the  City  upon  lands  In  any  main  sewer  or  special  assessment  district,  or 
upon  any  parcel  of  land,  or  against  any  particular  person  as  a  special  assess¬ 
ment. 

Sec.  11.  The  Commission  shall  also  in  the  said  month  of  September,  pass 
an  Ordinance,  to  be  termed  the  annual  appropriation  b'll,  in  which  they  shall 
make  provisions  for  and  appropriate  the  several  amounts  required  to  de¬ 
fray  the  expenditures  and  liabilities  of  the  corporation  for  the  next  fiscal 
year,  payable  from  the  several  general  funds,  and  from  the  street  district 
fund,  and  order  the  same  or  so  much  of  such  amounts  as  may  be  necessary 
to  be  raised  by  tax  with  the  next  general  tax  levy,  or  by  loan,  or  both, 
and  to  be  paid  into  the  several  general  funds  and  street  district  funds  of 
the  City;  but  the  whole  amount  so  ordered  to  be  raised  by  tax  or  loan,  or 
by  both,  shall  not,  except  as  herein  otherwise  provided,  exceed  the  amount 
which  the  City  is  author' zed  to  raise  by  general  tax  during  the  year.  The 
Commission  shall  specify  in  such  Ordinance  the  objects  and  purposes  for 
which  such  appropriations  are  made,  and  the  amount  appropriated  for  each 
object  or  purpose,  and  to  each  of  the  general  funds  and  street  district 
funds.  The  Commission  shall  also  designate  in  the  appropriation  bill  the 
sums,  if  any,  required  to  be  levied  to  meet  any  deficiency  for  the  current 
year,  and  the  amount,  or  any  part  of  special  assessment,  or  other  sum  which 
they  require  to  be  levied  or  re-assessed  with  the  next  general  tax,  and  the 
disposition  to  be  made  of  such  moneys;  and  shall  also  designate  in  said 
b'll  any  local  improvements  wh'ch  they  may  deem  advisable  to  make  during 
the  next  fiscal  year,  to  be  paid  for  in  whole  or  in  part  by  special  assess¬ 
ments,  and  the  estimated  cost  thereof. 

Sec.  12.  After  the  passage  of  the  annual  appropriation  b'll,  no  further 
sums  shall  be  used,  raised,  or  appropriated;  nor  shall  any  further  liability  . 
be  incurred  for  any  purpose  to  be  paid  from  any  general  fund  or  street  dis¬ 
trict  fund,  during  the  fiscal  year  for  which  the  appropriation  was  made  unless 
the  proposition  to  make  the  appropriation  shall  be  sanct'oned  by  a  majority 
vote  of  the  freeholders  possessing  the  qualifications  of  electors  voting  upon 
the  proposition  at  the  next  annual  city  election.  But  this  section  shall  not  pro¬ 
hibit  the  Commission  from  making  any  necessary  repairs  or  expenditure  at  a 
cost  not  exceeding  Five  Thousand  ($5  000.00)  Dollars,  the  necessity  for 
which  is  caused  by  casualty  or  accident  happening  after  making  the  annual 
appropr'ation  for  the  year,  and  from  borrowing  the  money  therefor. 

Sec.  13.  No  improvement,  work,  repairs  or  expense  to  be  paid  for  out  of 
any  general  fund,  or  street  district,  except'ng  as  herein  otherwise  pro¬ 
vided,  shall  be  ordered,  commenced,  contracted  for,  or  incurred  in  any  fiscal 
year,  unless  in  pursuance  of  an  appropriation  especially  made  therefor  in 
the  last  preceding  annual  appropriation  bill;  nor  shall  any  expenditure  be 
made  or  liability  incurred,  in  any  such  year,  for  any  such  work,  im¬ 
provement,  repairs,  or  for  any  purpose,  exceeding  the  appropriation  so 
made  therefor;  nor  shall  any  expend 'ture  be  made  or  money  be  paid  out 


27 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


of  any  general  or  street  district  fund,  for  any  purpose,  unless  appropriated 
for  the  purpose  in  said  bdl. 

Sec.  14.  No  work  or  improvement  to  be  paid  for  by  special  assess¬ 
ment,  costing  more  than  Three  Thousand  ($3,000)  Dollars,  shall  be  or¬ 
dered,  commenced  or  contracted  for;  nor  shall  any  assessment  be  levied 
therefor,  in  any  year;  unless  the  intention  to  make  such  improvement  or 
expenditure,  and  to  defray  the  cost  thereof  by  special  assessment,  was  set 
forth  in  the  last  preceding  annual  appropriation  bill. 

Sec.  15.  No  pubi  c  work,  improvement,  or  expenditure  shall  be  com¬ 
menced,  nor  any  contract  therefor  be  let  or  made,  except  as  herein  other¬ 
wise  provided,  until  a  tax  or  assessment  shall  have  been  levied  to  pay  the 
cost  and  expenses  thereof,  and  no  such  work  or  improvement  shall  be  paid 
for,  or  be  contracted  to  be  paid  for,  except  from  the  proceeds  of  the  tax 
or  assessment  thus  levied. 

Sec.  16.  Instead  of  levying  a  tax  for  the  whole  amount  authorized  by 
this  article  to  be  raised  in  the  manner  in  any  year  for  the  purpose  of  the 
general  and  street  district  funds,  the  Commission  may,  in  its  discretion 
raise  a  part  thereof  by  tax  and  a  part  thereof  by  loan;  provided,  that  the 
aggregate  amount  of  taxes  and  loans  so  raised  and  made,  shall  not  exceed 
the  amount  for  wh'ch  a  tax  might  be  levied  for  the  same  year. 

Sec.  17.  The  Commission  shall  also  have  authority  to  raise  moneys  by 
loan  in  anticipation  of  the  receipts  from  special  assessments,  for  the 
purpose  of  defray  ng  the  costs  of  improvement  for  which  the  assessment 
was  levied.  Such  loan  shall  not  exceed  the  amount  of  the  assessment  for 
the  completion  of  the  work. 

Sec.  18.  Should  any  greater  amount  be  required  in  the  year  for  the 
purpose  of  erecting  public  buildings,  or  for  the  purpose  of  ground  therefor, 
or  for  other  public  improvements  or  purposes,  to  be  paid  for  from  the  gen¬ 
eral  funds  of  the  City,  than  can  be  raised  by  the  Commission  under  the 
foregoing  provisions  of  this  Charter,  such  amount  may  be  raised  by  tax 
or  loan,  or  partly  by  loan,  if  authorized  by  a  majority  vote  of  the  free¬ 
holders  voting  upon  the  question  at  an  annual  C’ty  election.  The  amount 
that  may  be  voted  or  raised  in  any  year  under  the  provisions  of  this  sec- 
.  tion  shall  not  exceed  two  (2)  per  cent  of  the  assessed  value  of  the  prop¬ 
erty  in  the  City  as  shown  by  the  last  preceding  tax  rolls  made  therein. 

Sec.  19.  The  proposition  to  raise  such  additional  amount  shall  be  sub¬ 
mitted  to  a  vote  of  the  freeholders  by  an  Ordinance  or  Resolution  of  the 
Commission,  distinctly  stating  the  purpose  of  the  proposed  expenditure, 
the  amount  proposed  to  be  raised  therefor,  and  whether  by  tax  or  loan.  Such 
Ordinance  or  Resolution  shall  be  passed  and  published  in  one  or  more  of  the 
newspapers  of  the  City,  and  copies  thereof  posted  in  five  (5)  of  the  most 
public  places  in  each  district  of  the  City,  at  least  two  (2)  weeks  before 
the  elect' on  at  wh'ch  the  vote  is  to  be  taken.  Such  vote  shall  be  by  ballot. 

Sec.  20.  All  moneys  and  taxes  raised,  borrowed  or  appropriated  for  the 
purposes  of  any  particular  fund,  shall  be  paid  in,  and  cred:ted  to  each  fund, 
and  shall  be  applied  to  the  purpose  for  which  such  moneys  were  raised 
and  received,  and  to  none  other;  nor  shall  the  moneys  belonging  to  one 
fund  be  transferred  to  any  other  fund,  or  be  appl  ed  to  any  purpose  for 
which  such  other  fund  is  constituted  except  when  there  shall  be  a  surplus 
in  any  general  fund  at  the  close  of  any  fiscal  year.  In  such  cases,  the 
surplus  may  be  transferred  to  the  sinking  fund,  should  there  be  a  deficiency 


28 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


in  that  fund,  otherwise  the  Commiss  on  may  apply  such  surplus  as  they 
shall  deem  proper.  Moneys  not  received  or  appropriated  for  any  partic¬ 
ular  fund  shall  be  credited  to  the  contingent  fund. 

Sec.  21.  No  money  shall  be  drawn  from  the  Treasury  except  in  pur¬ 
suance  of  the  authority  and  appropriation  of  the  Commission,  and  upon 
the  warrant  of  the  Clerk,  countersigned  by  the  Mayor.  Such  warrant 
shall  spec  fy  the  fund  from  which  it  is  payable,  and  shall  be  paid  from  no 
other  fund. 

Sec.  22.  No  warrant  shall  be  drawn  upon  the  Treasury,  after  the  fund 
from  which  it  should  be  paid  has  been  exhausted;  nor  when  the  liabilities 
outstanding  and  previously  incurred  and  payable  from  such  fund  are  suffi¬ 
cient  to  exhaust  it.  Any  warrant,  draft,  or  contract  payable  by  the  pro- 
v  sions  of  th  s  Charter  from  any  particular  fund,  excepting  bonds  given  for 
loans  herein  authorized  and  issued  or  made  after  such  fund  has  been  ex¬ 
hausted  by  previous  payments  or  by  previous  liabilities  payable  from  such 
fund,  shall  be  void  against  the  City. 

Sec.  23.  No  loan  shall  be  made  by  the  Commission  or  by  its  authority, 
in  any  year,  exceeding  the  amounts  prescribed  in  this  Charter.  For  any 
loans  lawfully  made,  the  bonds  of  the  City  may  be  issued,  bearing  a 
legal  rate  of  interest.  A  record  showing  the  dates,  numbers  and  amounts 
issued,  and  when  due  shall  be  kept  by  the  City  Clerk.  When  deemed  nec¬ 
essary  by  the  Commission  to  extend  the  time  of  payment,  new  bonds  may 
be  issued  in  place  of  former  bonds  falPng  due,  in  such  manner  as  merely 
to  change,  but  not  increase  the  indebtedness  of  the  City.  Each  bond  shall 
show  upon  its  face  the  class  of  indebtedness  to  which  it  belongs  and  from 
what  fund  it  is  payable. 

ARTICLE  VIII 

ASSESSMENT  AND  COLLECTION  OF  TAXES 

Sec.  1.  All  assessments  of  property  for  taxation  in  the  City  of  Manistee 
shall  be  made  by  the  Board  of  Assessors.  For  general  taxation  purposes 
a  separate  Assessment  Roll  shall  be  made  for  each  of  the  Districts  of  the 
City  and  for  special  taxat'on  the  assessment  rolls  shall  cover  the  Special 
D'stricts  specified  by  the  Commission  therefor.  All  assessment  books  re¬ 
quired  for  the  assessment  of  property  for  taxation  shall  be  provided  by  the 
City  Commission. 

Sec.  2.  The  Board  of  Assessors  shall  for  the  purpose  of  taxation  assess 
all  property  subject  to  taxation  in  the  City  and  in  the  proper  District  and 
at  its  true  cash  value,  and  shall  perform  all  other  duties  as  Assessors  at  the 
times  and  in  the  manner  required  of  Supervisors  of  Townships  by  the  Gen¬ 
eral  Tax  Laws  of  the  State.  Provided,  however,  that  the  assessment  of  all 
taxes  upon  all  dogs  as  fixed  by  law,  shall  be  made  by  or  under  the  direction 
of  the  Chief  of  PoPce,  who  shall  make  such  assessments,  or  designate  a 
member  or  members  of  such  Police  Force  for  that  purpose. 

Sec.  3.  The  members  of  the  Board  of  Review  of  the  City  shall  be  the 
Pres ‘dent  of  the  Board  of  Assessors,  and  City  Attorney  and  one  elector  and 
freeholder  of  the  City,  who  shall  be  appointed  by  the  City  Commission  at 
its  first  meeting  in  the  month  of  May  of  each  year.  Two  members  shall 
constitute  a  quorum  for  the  transaction  of  the  business  of  the  Board  and  no 
matter  coming  before  the  Board  shall  be  adopted  or  approved  without  the 
approval  of  at  least  two  (2)  of  the  members  thereof. 


29 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


In  case  there  be  any  vacancy  in  the  Board  of  Review  or  if  for  any 
reason  any  member  or  members  of  the  Board  shall  be  unable  to  attend  any 
meeting  thereof,  the  member  or  members  present  and  the  Mayor  of  the 
City  shall  appoint  one  or  more  electors  and  freeholders  of  the  City  to  fill 
such  vacancy  or  vacancies,  who  shall  act  as  members  of  the  Board  until 
the  assessment  rolls  for  that  year  are  revised  and  approved. 

Sec.  4.  When  the  general  assessment  rolls  for  all  the  districts  of  the 
C.ty  have  been  completed  by  the  Board  of  Assessors,  and  not  less  than 
fifteen  (15)  days  prior  to  the  time  fixed  for  the  first  meeting  of  the  Board 
of  Review,  in  each  year,  the  said  Board  shall  cause  to  be  published  in  one 
or  more  newspapers,  publ.shed  in  the  City,  a  notice  to  taxpayers  that  the 
assessment  rolls  will  be  open  to  inspection  and  that  said  Board  of  Assessors 
will  be  in  its  office  at  the  times  and  dates  specified  in  such  notice,  for  five 
(5)  days  in  succession,  beg  nning  not  less  than  ten  (10)  days  prior  to  the 
date  fixed  for  the  first  meet  ng  of  the  said  Board  of  Review;  and  that  any 
person  being  aggrieved  by  any  assessment  appearing  upon  said  assessment 
rolls  may  make  complaint  thereof  in  writing  to  said  Board  of  Assessors. 
The  sa  d  Board  of  Assessors  shall  consider  all  such  complaints  and  may  make 
such  corrections  in  said  rolls  as  the  Law  and  their  best  judgment  shall 
require.  During  said  five  (5)  days  the  said  Board  of  Assessors  shall  place 
upon  the  proper  assessment  rolls  any  property,  real  or  personal,  that  may 
have  been  omitted  and  make  such  other  corrections  as  may  be  required.  At 
the  close  of  said  session  the  Board  of  Assessors  shall  write  upon  or  annex 
to  each  of  said  assessment  rolls  their  certificate  that  the  same  has  been 
completed  and  shall  file  said  rolls  so  certified  in  the  office  of  the  City  Clerk. 

Sec.  5.  The  Board  of  Review  shall  meet  at  the  time  appointed  by  the 
Laws  of  this  State  for  the  meetings  of  Boards  of  Review  in  Townships, 
and  shall  have  the  powers,  perform  the  duties  and  remain  in  session  the 
full  time  required  by  the  General  Law  of  this  State  relating  to  Boards  of 
Review  in  Townships.  The  City  Clerk  shall  cause  to  be  published  in  one  or 
more  newspapers  publ'shed  in  the  City,  notice  to  taxpayers  of  all  meetings 
of  the  Board  of  Review  giving  the  place  where,  and  the  dates  upon  which 
it  will  be  in  sess'on.  Such  notice  shall  be  published  not  less  than  five  (5) 
days  before  the  first  meet'ng  of  said  Board  of  Review,  and  shall  be  pub¬ 
lished  five  (5)  days  in  succession. 

Sec.  6.  The  City  Clerk  shall  be  Secretary  of  said  Board  of  Review  and 
shall  keep  the  records  of  its  sess'ons  and  proceedings  and  file  the  same  in 
his  office,  and  after  said  assessment  rolls  have  been  approved  or  confirmed 
by  the  Board  of  Review,  he  shall  attach  to  or  write  upon  each  roll  his  cer¬ 
tificate  under  the  seal  of  the  City  certifying  that  such  assessment  rolls  have 
been  acted  upon  and  approved  by  the  Board  of  Review  and  he  shall  then 
safely  keep  all  such  assessment  rolls  in  h's  office  until  the  taxes  for  such  year 
shal  have  spread  thereon  by  h'm. 

Sec.  7.  It  shall  also  be  the  duty  of  the  Board  of  Assessors  to  perform 
all  the  duties  relat’ng  to  the  assessing  of  special  assessments,  and  the  City 
Clerk  shall  spread  such  special  tax  unon  the  property  so  assessed. 

Sec.  8.  Two  (2)  members  of  the  Board  of  Review  shall  be  necessary  to 
make  a  quorum  for  the  nerformance  of  any  acts  required  of  such  board, 
and  no  matter  coming  before  sa'd  Board  shall  prevail  or  be  appoved  unless 
it  have  the  approval  of  a  majority  of  all  the  members  of  the  Board. 

Sec.  9.  On  or  before  the  first  Monday  in  October  in  each  year  the  City 


30 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


Clerk  shall  certify  to  the  County  Clerk  of  the  County  of  Manistee  the 
amount  of  all  moneys  the  City  of  Manistee  requires  to  be  raised  for  the 
year  upon  all  the  taxable  property  in  the  City. 

Sec.  10.  The  City  Clerk  shall  spread  upon  the  assessment  rolls  of  the 
several  Districts  of  the  City  as  required  of  Township  Supervisors  by  the 
Laws  of  this  State,  all  moneys  certified  to  them  by  the  Clerk  of  the  Board 
of  Supervisors,  for  State,  County,  City,  School,  Library  and  other  purposes 
author. zed  by  law;  and  he  shall  also  levy  in  the  same  roll  upon  the  lands, 
property  and  persons  chargeable  therewith  all  special  assessments,  whether 
for  assessment  or  re-assessment  in  street  districts,  main  or  special  sewer 
districts,  or  other  spec’al  assessment,  placing  all  such  taxes  in  a  column 
headed  “Special  Assessments.” 

Sec.  11.  The  C.ty  Clerk  shall  as  soon  as  may  be,  spread  the  several 
taxes  authorized  upon  each  assessment  roll  and  shall  certify  to  the  City 
Treasurer  the  amount  of  taxes  levied  in  and  by  said  rolls  for  City,  State  and 
County  purposes  and  charge  the  amounts  therof  to  the  City  Treasurer. 
The  City  Treasurer  shall  give  bond  to  the  County  Treasurer  as  required 
by  law,  and  on  or  before  the  first  Monday  in  December  in  each  year  the 
City  Clerk  shall  deliver  the  tax  rolls  to  the  City  Treasurer  with  his,  warrant 
for  the  collection  of  the  taxes  therein  specified.  The  said  warrant  shall  be 
issued  by  the  Clerk  under  the  seal  of  the  City  and  shall  be  in  the  usual 
form  required  by  law  governing  the  collection  of  taxes  by  Township  Treas¬ 
urers,  and  shall  command  the  City  Treasurer  to  collect  from  the  persons 
named  in  such  tax  rolls  the  several  sums  specified  therein  and  the  total 
thereof  and  such  warrant  shall  authorize  the  Treasurer  in  case  any  person 
shall  neglect  or  refuse  to  pay  the  taxes  levied  against  him  in  such  tax 
roll  to  levy  the  same  by  distress  and  sale  of  the  goods  and  chattels  of  such 
person.  All  taxes  levied  upon  real  property  in  any  district  shall  be  and 
remain  a  lien  upon  such  property  until  paid. 

Sec.  12.  The  City  Treasurer  shall  have  all  the  duties,  rights  and  powers 
in  the  collection  of  taxes,  conferred  upon  Township  Treasurers  by  the  Laws 
of  this  State  and  shall  proceed  wholly  in  accordance  with  said  laws.  He 
may  require  and  receive  from  the  County  Treasurer  of  Manistee  County 
new  warrants  when  necessary  to  collect  or  enforce  the  collection  of  any 
tax  and  proceed  to  enforce  collect’on  by  suits  at  law  in  like  manner 
and  to  the  same  extent  as  Township  Treasurers  are  authorized  by  law,  and 
his  duties  and  powers  extend  to  and  cover  each  and  every  tax  roll  of  the 
several  Districts  of  the  City,  the  same  to  all  intents  and  purposes  as  if 
each  of  said  Districts  were  a  Townsh'p  and  he  the  Treasurer  thereof, 
but  all  suits  for  the  collect'on  and  enforcement  of  taxes  shall  be  commenced 
and  prosecuted  in  the  name  and  at  the  expense  of  the  City. 

Sec.  13.  All  the  provisions  of  the  laws  of  th's  State  relative  to  delin¬ 
quent  taxes  lev'ed  in  Townships  shall  apply  to  all  taxes  levied  in  the  City 
of  Manistee  and  returned  to  the  County  Treasurer  as  delinquent,  the 
same  as  if  the  City  were  a  Townsh’p  and  the  several  Districts  thereof 
were  assessment  precincts  for  the  purpose  of  taxation. 

Sec.  14.  All  collection  fees  and  charges  which  are  now  or  hereafter  may, 
by  the  Laws  of  this  State,  be  payable  to  Townsh’p  Treasurers  as  collection 
fees  on  taxes  collected  and  as  fixed  by  statute  shall  be  collected  by  the  City 
Treasurer  and  paid  by  lfim  to  and  for  the  use  of  the  C.ty. 


31 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


ARTICLE  IX 

PUBLIC  AND  SPECIAL  IMPROVEMENTS 

Sec.  1.  The  CAy  of  Manistee  shall  have,  and  is  hereby  given  the  power  to 
use,  control  and  regulate  the  streams,  waters  and  water  courses  natural  or 
artificial  within  its  corporate  limits,  and  to  that  end  it  may, 

(a)  Deepen,  widen,  dock,  cover,  wharf,  alter  or  change  the  channels  of 
such  streams,  waters  and  water  courses,  establish  dock  lines  and  provide 
for  sheet  piling  or  otherwise  protecting  the  same. 

(b)  Control  and  regulate  the  use  of  the  beds,  waters,  shores  and  banks  of 
such  streams,  waters  and  water  courses  so  as  to  keep  them  in  safe,  sanitary 
and  proper  condition  as  concerns  health,  safety,  utility  and  beauty. 

(c)  Acquire  by  purchase,  condemnation  or  otherwise  the  waters,  beds, 
shores  and  banks  of  such  streams,  waters  and  water  courses,  and  to  im¬ 
prove,  use  and  maintain  the  same  for  such  useful  or  ornamental  pur¬ 
poses  as  may  from  t'me  to  time  be  determined  by  the  Commission. 

Sec.  2.  The  City,  by  a  five-sevenths  vote  of  the  Commissioners  elect,  and 
subject  to  the  provis’ons  of  this  Charter  and  the  General  Laws,  shall  have 
the  power  to  obtain  by  purchase  or  gift,  or  otherwise  acquire  real  estate 
or  other  private  property  within  or  without  the  City  Limits  and,  when 
acquired,  to  hold,  improve  and  properly  maintain  the  same  for  parks,  play¬ 
grounds,  cemeteries,  streets,  alleys,  driveways,  boulevards,  or  for  purposes 
incident  thereto,  and  for  other  uses  or  purposes  within  the  scope  of  its 
powers  heretofore  or  hereafter  granted,  and  it  shall  have  the  power  to  sell 
and  dispose  of  such  real  estate  or  other  property,  subject  to  the  same  limi¬ 
tations  and  by  the  same  vote  of  the  Commission. 

Sec.  3.  The  Commission  shall  have  power  to  execute  a  plan  of  streets  and 
alleys  within  the  City  Limits  and  for  a  distance  of  not  more  than  three  (3) 
miles  beyond  its  limits,  or  for  such  other  distance  beyond  the  limits  as 
may  hereafter  be  authorized  by  law. 

Sec.  4.  The  City  shall  have  the  right  to  extend  sewers  beyond  the  City 
L'mits,  when  necessary  for  better  sanitation  or  drainage. 

Sec.  5.  The  City,  by  Ordinance,  shall  provide  for  a  general  plan  of 
separation  of  streets  from  the  railroads  and  street  railways  at  grade  cross¬ 
ings  within  said  City. 

Sec.  6.  The  Commission  shall  have  the  power  to: 

(a)  Determine  the  necessity  for  and  order  all  public  works  and  public  and 
special  improvements  by  a  vote  of  five-sevenths  of  the  Commiss:oners  elect. 

(b)  Order  any  street  improvement  or  sewer  extension  under  the  limita¬ 
tions  herem  imposed  and  declare  the  same  to  be  a  necessary  public  improve¬ 
ment. 

(c)  Provide  by  general  Ordinance  the  method  of  petitioning  for  the  or¬ 
dering  of  any  street  improvement  or  sewer  extension. 

(d)  Determine  the  character  of  the  improvement  in  the  case  in  which  it 
orders  the  improvement,  and  determine  and  fix  the  District  over  wtrch  the 
assessment  to  pay  the  cost  of  any  public  or  special  improvement  shall  be 
levied  and  the  amount,  if  any,  of  the  cost  of  such  public  or  special  improve¬ 
ment  which  shall  be  spread  upon  the  City  at  large. 

(e)  Specify  at  the  time  of  declaring  the  necessity  of  any  public  or  spe¬ 
cial  improvement,  whether  the  cost  of  the  same  shall  in  the  first  instance  be  < 

met  by  issuing  bonds  of  the  City  therefor  in  anticipation  of  the  collection 


32 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


of  the  assessment  to  defray  the  expenses  thereof,  and  in  such  case  authorize 
the  issumg  of  such  bonds. 

(f)  Order  street  improvements  and  sewer  extension,  when  petitioned  for 
by  property  owners  own  ng  a  majority  of  the  street  frontage  to  be  af¬ 
fected  by  the  improvement,  and  the  fixing  in  such  cases  the  character  of 
the  improvements  to  be  ordered. 

Sec.  7.  Before  any  special  improvement  is  declared  to  be  necessary  or 
ordered,  and  before  any  special  assessment  district  is  fixed,  the  Commission 
shall  give  notice  of  an  opportunity  to  be  heard  thereon  to  all  persons  liable 
to  be  assessed  therefor.  Such  notice  shall  be  given  in  such  form  and 
manner  as  the  Commission  by  Ordinance  shall  prescribe,  whether  by  publi¬ 
cation  or  otherwise. 

Sec.  8.  The  aggregate  amount  to  be  borrowed  in  any  one  year  for  the 
purpose  of  special  improvements  shall  not  exceed  two  fifths  of  one  per  cent 
of  the  assessed  valuation  of  the  City  according  to  the  last  preceding  City 
tax  roll;  provided,  that  the  total  amount  of  bonds  authorized  to  be  issued 
for  such  purpose  and  outstanding  at  any  one  time  shall  not  exceed  .one  and 
one  quarter  per  cent  of  the  total  assessed  valuation  of  the  City  according 
to  the  last  preceding  City  tax  roll;  said  bonds  shall  be  made  payable  in 
yearly  amounts  for  a  period  of  not  exceeding  five  (5)  years  from  the  date 
of  Issue.  Such  bonds  shall  be  sold  at  the  best  price  obtainable,  and  the  pro¬ 
ceeds  of  the  same  shall  be  paid  to  the  Treasurer,  by  him  to  be  placed  to  the 
credit  of  the  particular  improvement  fund  for  which  issued.  Said  bonds 
shall  be  the  general  obligation  of  the  City  and  shall  be  paid  at  or  before 
maturity,  and  shall  not  be  re’ssued  or  refunded,  and  any  avails  thereof 
shall  be  used  only  to  defray  the  expense  of  the  special  improvement  for 
which  they  are  issued. 

As  collected  the  installments  of  the  tax  roll  for  the  special  improvement, 
together  with  accrued  interest  thereon,  shall  be  credited  to  the  proper 
special  improvement,  and  to  be  used  only  to  retire  the  bonds  issued  on  ac¬ 
count  of  such  improvement  and  to  pay  the  interest  thereon. 

Sec.  9.  The  Commission  shall  cause  to  be  transmitted  to  the  Assessors 
a  map  of  the  District  fixed  by  it,  and  a  statement  of  what  part  of  the  cost 
of  any  improvement  is  to  be  spread  upon  the  City  at  large,  and  the  Commis¬ 
sion  shall  transmit  to  the  Assessor  such  facts  as  they  may  have  and  are 
necessary  to  make  a  proper  assessment;  and  thereupon  the  Assessors  shall 
prepare  an  assessment  roll  which  shall  contain  the  names  of  the  owners  and 
the  description  of  the  several  parcels  of  property  in  the  District  fixed  by 
the  Commission  to  be  assessed  for  such  improvement,  and  upon  such  roll 
or  aga'nst  each  of  such  descriptions  the  Assessors  shall  spread  and  levy 
the  cost  of  such  improvement  in  whole  or  in  part,  as  the  Commission  may 
determine  in  proportion,  as  near  as  may  be,  to  the  advantages  which  each 
such  parcel  shall  be  deemed  to  be  benefited  by  the  making  of  such  improve¬ 
ment.  After  the  assessment  roll  is  completed  the  Assessors  shall  give 
notice  to  all  persons  assessed  thereon,  by  publication  or  otherwise  of  the 
completion  of  such  roll,  that  the  same  w'll  be  open  for  ten  (10)  days  for 
public  inspection  and  for  correction  by  sa'd  Assessors,  and  of  the  time  and 
place  of  the  meeting  of  the  Commissioners  act'ng  as  a  Board  or  Review  on 
such  roll.  Immediately  after  the  expiration  of  said  ten  (10)  days  such 
corrected  roll  shall  be  signed  by  said  Assessors  or  a  majority  of  them  and 
returned  forthwith  to  the  Commission.  Assessment  rolls  for  sewer  pur- 


33 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


poses,  as  well  as  bond  issues  therefor,  shall  be  kept  separate  and  distinct 
from  street  improvement  rolls  and  bonds.  The  exemption  of  any  prop¬ 
erty  from  general  taxat  on  shall  not  be  an  exemption  of  such  prop¬ 
erty  from  general  taxation  for  special  improvements  under  this  Article. 

Sec.  10.  At  its  next  regular  session  after  the  receipt  of  such  rolls 
from  the  Assessors,  the  Commission  shall  act  thereon  as  a  Board  of  Re¬ 
view,  and  shall  continue  to  act  at  such  other  times  as  may  be  necessary  and 
as  it  may  designate.  Any  interested  property  holder  may  appeal  in  writ¬ 
ing  to  the  Commission  at  any  time  pr  or  to  the  opening  of  its  first  session. 

The  Commission  as  such  a  board  shall  have  the  power  to  correct  or  change 
the  whole  or  any  part  of  such  roll  or  return  it  to  the  Assessors  for  re¬ 
assessment,  in  which  latter  case  it  shall  take  the  same  course  as  an  orig¬ 
inal  roll.  The  roll  as  finally  corrected  and  revised  shall  be  ratified  and 
confirmed  by  the  Commission  and  delivered  by  its  Clerk  to  the  Treasurer 
for  collection,  with  proper  warrant  for  such  purpose  attached  thereto, 
signed  by  the  Mayor,  and  attested  in  due  form  by  the  Clerk. 

Sec.  11.  The  Comm  ssion  by  general  Ordinance  shall  make  the  nec¬ 
essary  provisions  for  carrying  this  article  into  effect,  including  the  time 
with’n  wh'ch  rolls  shall  be  prepared  by  the  Assessors,  the  method  of  trans¬ 
ferring  such  rolls  from  one  office  or  department  to  another,  the  notice,  time, 
place  and  manner  of  payment  of  assessments  and  the  return  of  surplus,  if 
any;  it  shall  fix  a  uniform  rate  of  interest  on  deferred  installments,  and 
the  time  at  which  any  such  assessment  shall  become  a  lien  upon  the  prop¬ 
erty  assessed. 

Sec.  12.  The  Commission  may  provide  for  the  spreading  of  an  addi¬ 
tional  assessment  for  any  public  or  special  improvement,  in  case  it  de¬ 
termines  that  the  former  assessment  or  assessments  will  not  produce  suf¬ 
ficient  funds  to  pay  for  such  improvement.  Such  additional  assessment  shall 
be  spread  upon  the  supplemental  roll  which  shall  conform  so  far  as  possible 
to  the  original  roll  for  such  improvement  and  shall  be  made,  reviewed, 
delivered,  collected,  accounted  for  and  returned  in  the  same  manner  as  the 
or’ginal  roll,  and  all  sales  and  redemption  of  property  therein  described 
shall  be  made  in  the  same  manner  as  the  sales  and  redemption  upon  said 
original  roll. 

Sec.  13.  The  Commission  shall  by  Ordinance  provide  for  acquiring,  by 
condemnation  proceeding  in  a  court  of  competent  jurisdiefon  under  the 
General  Laws  of  the  State,  or  otherwise,  such  private  property  and  rights 
as  may  be  required  for  any  public  works,  public  or  spec'al  improvements, 
or  for  any  other  use  or  purpose  within  the  scope  of  its  powers  heretofore 
or  hereafter  granted;  provided,  that  until  the  passage  of  a  valid  Ordi¬ 
nance  for  that  purpose,  the  right  of  em'nent  domain  for  such  purposes  may 
be  exercised  by  the  City  in  the  manner  provided  for  the  General  Laws  of 
the  State. 

Sec.  14.  Whenever  any  property  is  purchased  by  condemnation  or  other¬ 
wise  for  the  purpose  of  any  special  improvement,  the  cost  thereof  shall  be 
added  to  the  cost  of  such  special  improvement  levied  upon  the  property 
benefited  thereby  and  collected  accord  ngly. 

Sec.  15.  The  cost  of  public  and  special  improvements  for  which  a  spe¬ 
cial  assessment  roll  shall  be  made,  shall  include  the  cost  and  expense  of 
making  estimates,  plans  and  other  expenses  inc'dental  thereto. 

Sec.  16.  Where  the  owner  of  property  liable  to  be  assessed  to  pay  the 
cost  of  a  street  open'ng  has  contributed  thereto  a  portion  of  the  street,  t 

the  Commission  mav  relieve  s^ch  person  from  paying  an  assessment  for  the 
purchase  or  condemnat'on  price  of  a  like  portion  opposite  that  so  contributed. 


34 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


Sec.  17.  The  term  “Sewer  Extensions”  shall  be  construed  to  mean  the 
construction  ot  new  sewers  or  reconstruction  or  changing  in  any  material 
way  of  existing  sewers. 

Sec.  18.  All  special  assessment  rolls  made  as  herein  provided  when  rati¬ 
fied  and  confirmed  by  the  Commission  shall  become  final  and  conclusive  and 
all  special  assessments  shall  from  the  date  of  confirmation  thereof  consti¬ 
tute  a  lien  upon  the  respective  lots  or  parcels  of  land  assessed  therefor  and 
shall  be  a  charge  against  the  person  or  persons,  corporation  or  association 
in  whom  or  which  title  was  vested  at  the  tmie  the  special  assessment  was 
made  and  shall  be  a  charge  against  person  or  persons,  corporation  or  as¬ 
sociation  until  fully  paid. 

Sec.  19.  Upon  rece.pt  of  any  special  assessment  tax  roll,  with  the  war¬ 
rant  thereto  attached,  as  herein  provided,  the  City  Treasurer  shall  proceed 
forthwith  to  collect  the  taxes,  herein  assessed  and  for  that  purpose  he  shall 
have  and  exercise  all  the  rights,  duties  and  powers  given  him  by  the  Laws 
of  the  State  and  th  s  Charter  *n  the  collection  of  the  general  taxes  of  the 
City  and  new  warrants  may  be  issued  to  him  by  the  City  Clerk  as  required. 

Sec.  20.  In  case  the  City  Treasurer  shall  be  unable  to  collect  any  tax  or 
taxes  assessed  and  levied  in  and  by  any  special  assessment  roll  or  any  in¬ 
stallment  of  such  tax  or  taxes  Within  the  tme  allowed  therefor  by  the  City 
Commission,  he  shall  make  a  return  of  such  taxes  giving  the  description  of 
each  parcel  of  land  upon  which  such  tax  or  taxes  have  not  been  paid,  the 
name  of  the  owner  thereof  and  the  amount  of  such  tax  or  taxes  then  due 
and  unpaid  w.th  interest,  if  any,  computed  to  the  date  of  such  return, 
such  return  shall  be  verified  by  the  affidavit  of  the  City  Treasurer  showing 
that  he  has  exercised  due  diligence  in  h.s  efforts  to  collect  the  taxes  in  said 
special  assessment  tax  roll  specified,  that  he  has  been  unable  to  collect  the 
taxes  so  returned  and  that  the  same  are  unpaid,  such  return  so  verified  shall 
be  filed  with  the  City  Clerk.  The  City  Clerk  at  the  time  of  making  his 
report  or  certificate  to  the  County  Clerk  showing  the  moneys  to  be  raised  by 
taxation  in  the  City  each  year,  shall  include  any  and  all  special  assessment 
taxes  so  returned  by  the  C.ty  Treasurer  as  delinquent  and  the  Board  of 
Assessors  shall  when  spread  ng  the  general  taxes  upon  the  rolls  of  the 
several  City  Districts  include  and  spread  upon  the  tax  rolls  of  the  District 
in  which  they  occur,  any  special  assessment  taxes  so  returned  delinquent 
and  unpaid  by  the  C  ty  Treasurer,  such  taxes  shall  be  assessed  upon  the 
lands  described  and  to  the  person  or  persons  to  whom  they  were  assessed 
n  the  said  special  assessment  roll  and  shall  include  interest  on  each  amount 
delinquent  to  the  date  of  such  assessment,  and  if  such  taxes  are  not  paid 
to  the  City  Treasurer  he  shall  return  them  to  the  County  Treasurer  as  delin¬ 
quent  and  if  not  paid  the  lands  so  assessed  shall  be  subject  to  sale  for  such 
delinquent  taxes  the  same  to  all  ntents  and  purposes  as  the  general  taxes 
of  the  City  or  of  the  Townships  in  the  County  as  provided  by  the  General 
Tax  Laws  of  th's  State.  Spec'al  assessment  taxes  or  allotments  or  portions 
thereof,  shall  include  the  interest  thereon  fixed  and  specified  by  the  Com¬ 
mission,  together  with  statutory  fees  for  the  collection  thereof,  and  all  fees 
for  the  collect' on  thereof  by  the  City  Treasurer  belong  to  the  City. 

ARTICLE  X 

CITY  BONDS— EXCEPT  SEWER  AND  STREET 

Sec.  1.  The  Commission  shall  borrow  no  money  and  issue  no  bonds  un¬ 
less  herein  authorized  or  unless  authorized  by  the  electors  of  the  City  at  an 
election  wherein  the  quest'on  is  lawfuly  submitted. 

Sec.  2.  The  Comm'ssion  is  hereby  authorized  to  borrow  money  and  issue 
bonds  for  the  payment  thereof  for  the  following  purposes: 

(a)  To  pay  for  any  public  improvement  in  ant'cipation  of  a  special  assess¬ 
ment  lawfully  authorized  at  or  pr'or  to  the  t'me  such  loan  is  made  and  to 
be  paid  from  the  proceeds  of  such  assessment. 

(b)  For  emergency  purposes  in  accordance  with  the  provisions  of  the 
Home  Rule  Act  of  the  State  of  Michigan. 

(c)  For  the  renewal  of  bonds  falling  due  from  t'me  to  time,  the  payment 


* 


35 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


of  which  at  maturity  is  not  required  by  this  Charter  or  by  the  Laws  of  the 
State  of  Michigan. 

(d)  To  pay  any  judgment  or  decree  that  shall  have  been  rendered  against 
the  City  for  the  payment  of  which  there  are  no  available  funds. 

Sec.  3.  The  Commission  may  borrow  money  and  issue  bonds  therefor  for 
public  purposes  whenever  authorized  to  do  so  by  a  majority  vote  of  the  elect¬ 
ors  of  the  CHy  cast  at  an  election  wherein  the  matter  of  issuing  such  bonds 
is  lawfully  submitted. 

Sec.  4.  The  total  amount  of  the  bonded  indebtedness  of  the  City  shall  at 
no  time  exceed  seven  (7)  per  centum  of  the  value  of  the  assessable  property 
in  the  C.ty  as  shown  by  the  tax  roll  for  the  preceding  year. 

Sec.  5.  The  Commission  shall  make  provision  for  a  sinking  fund  with 
which  to  pay  at  maturity  all  bonds  issued  by  the  City  the  payment  of  which 
has  not  otherwise  been  provided  for. 

Sec.  6.  All  details  as  to  the  terms  and  form  of  bonds  and  the  issue  thereof 
shall  be  determined  by  the  Commissioners. 

ARTICLE  XI 
FRANCHISES 

Sec.  1.  No  franchise  or  grant  shall  be  granted  by  the  City  for  a  longer 
period  than  thirty  (30)  years.  No  license  shall  be  granted  by  the  City  for 
a  longer  term  than  one  year. 

Sec.  2.  Every  permit  granted  by  Ordinance  shall  be  accepted  in  writing 
by  the  grantee  before  said  Ordinance  takes  effect,  and  every  franchise  or 
modification  of  a  franchise,  before  it  is  submitted  to  the  electors,  shall  be  so 
accepted.  Such  acceptance  shall  be  filed  with  the  Clerk.  Any  non-com¬ 
pliance  with  tlrs  Section  shall  automatically  annul  such  permit  or  franchise. 

Sec.  3.  No  franchise  or  grant  which  is  not  revocable  at  the  will  of  the 
Commission,  shall  be  granted  or  become  operative  until  the  same  shall  have 
been  referred  to  the  people  at  a  General  Municipal  or  Special  Election  and 
has  received  an  approval  of  a  majority  of  the  electors  voting  thereon  at 
such  election. 

Sec.  4.  No  person,  firm  or  corporation  shall  ever  be  granted  any  ex¬ 
clusive  franchise,  license,  right,  or  privilege  whatsoever. 

Sec.  5.  No  franchise,  granted  by  the  City  shall  ever  be  leased,  as¬ 
signed  or  otherwise  alienated  except  in  accordance  with  the  express  pro¬ 
visions  of  said  franchise,  and  all  franch'ses  granted  by  the  City  shall  pro¬ 
vide  how  and  in»what  manner,  and  under  what  conditions  said  franchise 
may  be1  leased,  assigned,  or  alienated,  and  no  dealing  with  the  lessee  or  as¬ 
signee  on  the  part  of  the  City,  which  shall  recognize  the  performance  of 
any  act  or  payment  of  any  compensat'on  by  the  lessee  or  assignee,  shall  be 
deemed  to  have  operated  as  such  consent. 

Sec.  6.  No  change  or  modification  of  any  franchise  or  grant  of  rights 
or  powers  previously  granted  to  any  corporation,  firm,  person  or  association 
of  persons  shall  be  made,  except  in  the  manner  and  subject  to  all  conditions 
herein  provided  for,  in  the  making  of  original  grants  and  franchises. 

Sec.  7.  The  grant  of  every  franchise  or  privilege  shall  be  subject  to  the 
right  of  the  City,  whether  in  terms  reserved  or  not,  to  make  all  regulations 
which  shall  be  necessary  to  secure  in  the  most  ample  manner  the  safety, 
welfare  and  accommodat'on  of  the  public,  including  among  other  things, 
the  right  to  pass  and  enforce  Ordinances  to  require  proper  and  adequate 
extensions  of  the  service  of  such  grant,  and  to  protect  the  public  from  dan¬ 
ger  or  inconven'ence  in  the  operation  of  any  work  or  business  authorized 
by  the  grant  of  the  franchise  and  the  right  to  make  and  enforce  all  such 
regulations  as  shall  be  reasonably  necessary  to  secure  adequate,  sufficient 
and  proper  service,  extensions  and  accommodations  for  the  people  and  insure 
their  comfort  and  convenience. 

Sec.  8.  The  City,  by  and  through  its  Commission,  shall  have  the  power 
to  require  any  corporat'on  hold'ng  a  franchise  from  the  City,  to  allow  the 
use  of  its  tracks,  poles  and  wires  by  any  other  corporation  to  which  the 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


City  shall  grant  a  franchise,  subject  to  reasonable  regulations  and  upon  the 
payment  of  a  reasonable  rental  therefor.  Any  franch.se  or  right  which  may 
hereafter  be  granted  to  any  person  or  corporation  to  operate  a  street  railway 
within  the  C  ty,  or  its  suburbs,  shall  be  subject  to  the  condition 
that  the  City  shall  have  the  r.ght  to  grant  to  any  other 
person  or  corporation  desiring  to  build  or  operate  a  street  railway  or  in- 
terurban  ra  lway  within  or  into  the  City,  the  right  to  operate  its  cars  over  the 
tracks  of  sa  d  street  railway  in  so  far  as  it  may  be  necessary  to  enter  and 
leave  the  C’ty  and  to  reach  the  section  thereof  used  for  business  purposes, 
provided  however,  that  the  person  or  corporation  desiring  to  operate  its 
cars  over  the  lines  of  said  street  railway  shall  first  agree  in  writing  with 
the  owner  thereof  as  to  terms  and  conditions  and  to  pay  it  reasonable  com¬ 
pensation  for  the  use  of  its  tracks  and  facil  ties.  And  if  the  person  or 
corporation  desiring  to  use  the  same  cannot  agree  with  said  owner  of  said 
street  railway  as  to  saM  compensation,  terms  and  conditions,  within  sixty 
(60)  days  from  offering  the  same  in  wr;ting,  then  the  Commission  shall 
by  resolut'on,  after  hearing  the  parties  concerned,  fix  terms  and  conditions 
of  such  use  and  compensat  on,  to  be  paM  therefor,  which  award  of  the  Com¬ 
mission  when  so  made,  shall  be  binding  upon  and  observed  by  the  parties 
concerned. 

Sec.  9.  The  City  Manager  shall  maintain  general  supervision  over  all 
public  util'ty  companies  in  so  far  as  they  are  subject  to  municipal  control. 
The  Manager  shall  cause  to  be  instituted  such  actions  and  proceedings  as  may 
be  necessary  to  prosecute  public  utility  companies  for  violation  of  law  and 
may  revoke,  cancel  or  annul  all  franchises  that  may  have  been  granted  by 
the  C;ty,  which  have  become  in  whole  or  in  part,  or  wh'ch  for  any  reason 
are  illegal  and  void  and  not  binding  upon  the  City. 

Sec.  10.  The  enumeration  and  specification  of  particular  matters  in  this 
Charter  which  must  be  included  in  every  franchise  or  grant,  shall  never 
be  construed  as  impairing  the  right  of  the  Commiss'on  to  insert  in  such 
franchise  or  grant  any  other  and  further  matters,  condit'ons,  covenants, 
terms,  restrictions,  limitations,  burdens,  taxes,  assessments,  rates,  fares, 
rentals,  charges,  control,  forfeitures  or  any  other  provisions  whatever  as  it 
shall  deem  proper  to  protect  the  interests  of  the  people. 

Sec.  11.  The  Comm'ssion  may  grant  a  permit  at  any  time,  in  or  upon  any 
street,  alley,  or  public  place,  provided  such  permit  shall  be  revocable  by 
the  Commission  at  its  pleasure  at  any  time,  whether  such  right  to  revoke 
be  expressly  reserved  in  said  permit  or  not. 

Sec.  12.  No  franchise,  lease,  or  right  to  use  the  street  or  public  places  or 
property  of  the  City  shall  be  granted  by  the  City  without  fair  compensation 
to  the  C  ty  therefor.  Where  the  franch'se,  lease  or  grant  fixes  the  rate  of 
fare  or  the  rate  to  be  charged  for  the  service  rendered  or  commodity 

furnished  by  the  grantee,  such  rate  of  fare  or  price  of  service  or  commodity 

furnished  shall  be  subject  to  review  and  change  at  the  end  of  every  ten 
(10)  year  period  during  the  life  of  said  franchise  in  such  manner  and  form 
as  in  said  franch'se  shall  be  provided.  No  such  compensation  by  any  such 
grantee  shall  ever  be  in  lieu  of  lawful  taxation  upon  its  property,  or  of  any 
license  or  charges  which  are  not  levied  on  account  of  such  use. 

Sec.  13.  All  contracts,  grants,  rights,  privileges  or  franchises  for  the 
use  of  streets  and  alleys  of  this  City  not  herein  mentioned  shall  be  govern¬ 
ed  by  all  the  provisions  of  this  Charter,  and  all  amendments,  extensions 

or  enlargements  of  any  contract,  right,  privilege  or  franchise  previously 

granted  by  this  C  ty  to  any  person,  firm  or  corporation,  for  the  use  of  the 
streets  and  alleys  of  such  City,  shall  be  subject  to  all  the  conditions  herein 
provided  for  the  making  of  original  grants  and  franchises. 

Sec.  14.  All  contracts,  granting  or  giving  original  franchise,  right  or 
priv'lege,  or  extending  or  renewing  or  amending  any  existing  grant,  right, 
privilege  or  franchise,  shall  be  made  by  the  Ordinance  and  not  otherwise. 

Sec.  15.  The  Commission  shall  by  Ordinance  provide  for  efficient  inspec¬ 
tion  and  regulation  of  all  public  utilities  operated  in  the  City  and  to  that 
end  shall  provide  for  the  quality  and  pressure  of  the  gas  furnished  to  con- 


37 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


sumers,_the  candle  power,  voltage,  and  insulation  of  electric  wires,  heat 
and  power  furnished  the  C’ty  and  its  Inhabitants,  and  the  inspection  and 
installat  on  of  meters  registering  the  consumption  of  any  commodity  sold 
by  any  grantee  operating  under  any  franchise,  grant  or  license  from  the 
C.ty  of  Manistee  of  the  State  of  Michigan.  It  being  the  intention  of  this 
section  to  prov.de  means  for  securing  to  the  City  efficient  service  from  all 
public  utilities  operated  in  the  City  and  the  proper  observance  by  such  op¬ 
erators  of  the  condit  ons  imposed  by  their  respective  franchises,  Ordinances 
and  the  Laws  of  the  State. 

Sec.  16.  The  City  may  purchase  or  condemn  the  franchises  and  property 
used  in  the  operation,  by  companies  or  individuals,  engaged  in  hospital, 
electr.c  light,  gas,  heat  or  power  bus. ness,  also  the  franchises  and  property 
of  street  railway  and  tram  railway  companies.  The  City  may  make  a 
contract,  upon  such  terms,  including  terms  of  present  or  deferred  payment 
or  by  the  issuance  of  bonds  in  payment  therefor,  as  herein  provided,  and 
upon  such  condit  ons  and  in  such  manner. as  the  municipality  may  deem 
proper,  to  purchase,  operate  and  maintain  any  ex' sting  public  utility  prop¬ 
erty  supplying  heat,  1  ght,  power  or  transportation  to  the  City  and  the  in¬ 
habitants  thereof. 

Sec.  17.  No  such  contract  shall  bind  the  municipality  unless  the  proposi¬ 
tion  therefor  shall  receive  the  affirmat  ve  vote  of  three-fifths  of  the  electors 
vot  ng  thereon  at  a  Regular  or  Special  Municipal  Election.  In  the  event 
of  the  purchase  of  a  transportation  utility  the  Commission  may,  within  a 
reasonable  time,  establish  a  system  of  civil  service  for  selection  and  reten¬ 
tion  of  employees. 

Sec.  18.  To  acquire,  construct,  own,  operate  or  maintain  any  such  pub¬ 
lic  utilities  author’ zed  in  this  article,  the  City  may  issue  its  mortgage 
bonds  therefor  beyond  the  general  limit  of  bonded  indebtedness  prescribed 
by  law  and  subject  only  to  the  conditions  and  Lm'tations  now  or  hereafter 
contained  in  the  Constitution  and  Laws  of  this  State  and  this  Charter. 

Sec.  19.  The  Commission,  by  Ordinance,  shall  prescribe,  or  the  people, 
by  Ord. nance,  duly  initiated  and  approved  under  the  provisions  of  this 
Charter,  may  prescr.be  the  procedure  to  acquire  or  construct  any  public 
utility. 


ARTICLE  XII 
EDUCATION 

Sec.  1.  The  City  shall  constitute  and  be  a  single  school  district  as  here¬ 
tofore  organized  and  existing  under  the  name  of  the  “School  District  of  the 
City  of  Mamstee,”  which  shall  be  a  body  corporate  for  school  purposes  and 
for  all  matters  pertaining  to  the  Public  Schools  of  the  City.  It  shall  be 
governed  by  and  subject  to  the  Laws  of  the  State  of  Michigan. 

Sec.  2.  The  said  school  district  for  election  purposes  shall  be  divided  into 
three  (3)  election  districts  as  follows:  the  First  and  Second  Districts  of  the 
C  ty  shall  be  the  School  Election  District  No.  One  (1);  the  Third  and  Fourth 
Districts  of  the  City  shall  be  School  Election  District  No.  Two  (2)  and  the 
Fifth,  Sixth  and  Seventh  D  str.cts  of  the  City  shall  be  School  Election  Dis¬ 
trict  No.  Three  (3). 

Sec.  3.  The  Board  of  Education  shall  have  power  to  change  the  boun¬ 
daries  of  any  School  Election  Distr’ct  or  D;str.cts,  and  to  increase  or  di¬ 
minish  the  number  thereof,  but  no  such  change  shall  be  made  within  sixty 
(60)  days  next  preceeding  any  school  election,  and  a  report  of  each  change 
so  made  shall  be  made  by  the  Board  of  Education  to  the  City  Commission, 
showing  the  boundaries  of  the  Districts  so  changed,  and  the  Board  of  Edu¬ 
cation  shall  cause  said  report  to  be  published  in  one  or  more  of  the  news¬ 
papers  publ’shed  in  the  City  within  one  week  after  the  making  of  such 
change  and  for  three  (3)  weeks  in  succession.  The  original  report  shall  be 
filed  by  the  City  Clerk  in  his  office. 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


ARTICLE  XIII 
POLICE  DEPARTMENT 

Sec.  1.  The  Commission  shall  maintain  a  Police  Force  for  the  protection 
of  the  persons  and  property  of  the  inhabitants  of  the  City  and  others  tem¬ 
porarily  therein,  and  for  the  good  government  thereof.  They  shall  have 
authority  in  cases  of  emergency  and  danger  to  authorize  the  Mayor  of  the 
City  to  appoint,  temporarily,  such  number  of  pol  cemen  in  addition  to  the 
regular  Police  Force  as  m  the  judgment  of  such  Mayor  the  particular  occa¬ 
sion  may  require: 

Sec.  2.  The  Mayor  of  the  City  shall,  by  and  with  the  consent  of  the  Com¬ 
mission,  appo  nt  a  Chief  of  Police  who  shall  appoint  additional  police  offi¬ 
cers  from  time  to  time  as  may  be  necessary  or  required,  with  the  consent 
of  the  Commission. 

Sec.  3.  The  Chief  of  Pol  ce  shall  at  all  times  be  subject  to  the  Mayor 
and  Commission,  and  shall  have  the  direction  of  the  Police  Force  of  the 
City  in  the  performance  of  their  duties. 

Sec.  4.  It  shall  be  the  duty  of  the  Police  Force  of  the  City  to  suppress 
all  riots,  disturbances  and  breaches  of  the  peace;  to  arrest  all  persons  flee¬ 
ing  from  justice;  to  apprehend  upon  view  any  person  found  in  the  act 
of  committing  any  offense  aga  nst  the  Laws  of  the  State  or  violating  the  or- 
d  nances  of  the  City  or  any  provisions  of  this  Charter,  or  in  any  manner 
involving  the  breach  of  the  peace,  and  to  take  the  offender  so  arrested 
before  the  proper  magistrate  or  officer  to  be  punished;  to  make  complaints 
before  the  proper  magistrate  of  any  person  known  to  them  to  be  guilty 
of  crime  or  any  violation  of  the  Laws  of  the  State,  the  Ordinances  of  this 
City,  or  in  the  provis  ons  of  this  Charter;  and  to  serve  all  processes  that  may 
be  delivered  to  them  for  that  purpose,  and  generally  to  perform  all  such 
duties  as  may  be  required  of  them  by  the  Commission  for  the  good  govern¬ 
ment  of  the  City.  It  shall  be  the  duty  of  the  Police  Force  of  the  City 
to  see  that  all  Ordinances  and  regulations  of  the  Commission  made  for  the 
d  preservation  of  quiet  and  good  order  and  for  the  safety  and  protection  of 
the  inhabitants  of  the  C-ty,  are  promptly  enforced.  For  the  preservation 
of  quiet  and  good  order,  and  as  peace  officers,  each  policeman  shall  be  and 
is  hereby  vested  within  the  limits  of  said  City,  with  all  the  powers  con- 
1  ferred  by  law  upon  sheriffs  for  the  preservation  of  quiet  and  good  order, 
and  shall  have  and  are  hereby  vested  with  all  the  powers  given  by  law  to 
constables  for  such  purposes.  Such  police  officers  shall  have  power  to 
serve  and  execute  all  processes  directed  or  del'vered  to  them  in  all  proceed¬ 
ings  for  violations  of  the  Ord  nances  of  the  CUy. 

Sec.  5.  The  Chief  of  Police  shall  keep  a  record  of  all  arrests  and  the 

cause  thereof  in  a  book  known  as  “Record  of  Arrests”  and  shall  enter  there¬ 
in  within  twenty-four  hours  (24)  after  any  person  shall  be  arrested,  the 
name,  age.  nationality  and  cause  of  arrest  of  the  person  so  arrested,  which 
record  shall  be  the  property  of  the  City. 

Sec.  6.  The  Commission  shall  make  all  necessary  rules  for  the  govern¬ 
ment  of  the  police  and  prescribe  the  powers  and  dut'es  of  the  pol  ce.  The 

Commission  shall  have  author'ty  to  vest  the  police  with  such  powers  as 
may  be  necessary  for  the  preservation  of  quiet  and  good  order  within  the 
City. 

ARTICLE  XIV 

FIRE  SERVICE  DEPARTMENT 

Sec.  1.  The  Commiss;op  shall  mainta'n  an  efficient  fire  force,  shall  pre¬ 
scribe  the  powers  and  duties  of  its  officers,  firemen  and  employees  and  shall 
make  rules  and  regulations  for  the  government  of  the  same.  It  shall  pro¬ 
vide  necessary  apparatus  and  equipment  and  shall  make  provis  ons  for 
a  suitable  and  adequate  supply  of  water  for  the  use  of  the  Department  in 
^  the  ext’nguishment  of  fires. 

Sec.  2.  The  Mayor  of  the  City  shall  by  and  with  the  consent  of  the 


39 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


Commission  appoint  a  Chief  of  the  Fire  Department  and  such  additional 
number  of  firemen  from  time  jto  time  as  the  Commission  shall  by  proper 
Ordinance  or  Resolut  on  direct  to  be  appointed.  He  shall  in  the  same  man¬ 
ner  to  fill  all  vacancies  that  may  occur  from  time  to  time. 

Sec.  3.  The  Ch.ef  of  the  Fire  Department  shall  at  all  times  be  subject  to 
the  direct' on  of  the  Mayor1  and  Commission  and  shall,  subject  to  the  control 
of  the  Commission,  have  the  supervision  and  direction  of  the  Fire  De¬ 
partment  and  all  firemen  or  other  employees  thereof,  and  the  care  and 
management  of  fire  engines,  apparatus  and  other  property  belonging  thereto. 

Sec.  4.  The  Chief  of  the  Fire  Department  or  other  officer  acting  as 
such,  may  command  any  person  present  at  a  fire  to  aid  in  the  extinguish¬ 
ment  thereof,  and  to  assist  in  the  preservation  of  life  or  property  thereat. 
If  any  person  shall  wilfully  d.sobey  any  such  lawful  requirement  or  other 
lawful  order  of  any  such  officer,  he  shall  be  deemed  guilty  of  a  misde¬ 
meanor. 

Sec.  5.  The  Chief  of  the  Fire  Department  or  other  officer  in  charge  of 
the  Fire  Department,  at  any  fire,  with  the  concurrence  of  the  Mayor,  or 
any  two  (2)  members  of  the  Commission  other  than  the  Mayor,  may  cause 
any  building  to  be  pulled  down  or  destroyed  when  deemed  necessary  to 
arrest  the  progress  of  a  fire.  Whenever  any  building  is  so  pulled  down  or 
destroyed  any  person  having  an  interest  in  such  buildings  may  within  six 
(6)  months  thereafter,  present  h.s  claim  for  damages  to  the  Commission 
of  said  City,  and  it  shall  thereupon  be  the  duty  of  the  Commission  to  pay 
such  claimant  such  damages  as  may  be  just  under  all  the  c.rcumstances;  tak¬ 
ing  into  cons  deration  the  fact  whether  or  not  such  loss  would  probably  have 
occurred  to  such  building  if  it  had  not  been  pulled  down  or  destroyed,  and 
whether  the  same  was  insured  or  not.  If  the  Commission  and  such  claim¬ 
ant  shall  not  be  able,  to  agree  upon  the  amount  of  damage  to  be  paid  such 
claimant,  then  the  amount  of  such  damage  shall  be  ascertained  by  the  ap¬ 
praisal  of  a  jury  to  be  selected  in  the  same  manner  as  in  cases  of  a  jury  to 
appraise  damages  for  tak.ng  private  property  for  public  use.  Such  jury 
shall  view  the  premises  and  shall  hear  all  the  proofs  in  the  case,  and  shall 
allow  such  claimant  such  amount  of  damages  as  they  may  deem  proper 
under  all  circumstances,  as  above  stated.  If  such  jury  shall  not  be  able 
to  agree,  a  new  jury  shall  be  empaneled  as  above  provided,  until  a  jury  has 
been  obtained  that  shall  agree,  and  the  Commission  shall  pay  such  claim¬ 
ant  the  amount  of  damages  fixed  by  such  jury,  from  which  findings  there 
shall  be  no  appeal  either  by  the  City  or  by  claimant. 

Sec.  6.  The  Commission  may  provide  by  Ordinance  for  the  examination 
from  time  to  time  by  members  of  the  Fire  Service  of  the  stoves,  furnaces 
and  heating  apparatus  and  devices  of  every  k’nd  in  all  dwellings,  build* 
ings  and  structures  within  the  City,  and  in  all  places  where  combustible 
or  explosive  substances  are  kept  and  to  cause  all  such  as  are  unsafe  with 
respect  to  fire,  to  be  put  in  a  safe  condition. 

Sec.  7.  The  Commission  may  prescribe  by  Ordinance,  the  limits  of  dis¬ 
tricts  with  n  which  wooden  buildings  and  structures  of  any  highly  inflam¬ 
mable  material  shall  not  be  erected  or  enlarged,  and  to  direct  the  manner 
of  constructing  buildings  within  such  district  with  respect  to  protection 
against  fire  and  the  material  of  which  the  outer  walls  and  roof  shall  be 
constructed. 

Sec.  8.  The  Commission  may  also  prescribe  by  Ordinance  the  limits  or 
districts  within  which  shall  be  prohibited  the  location  of  shops,  the  prose¬ 
cution  of  any  trade  or  business,  the  storing  of  lumber,  wood  or  other  easily 
nflammable  material  in  open  places  or  the  carrying  on  of  any  other  trade, 
business  or  occupation  or  the  storing  of  any  material  in  any  manner  or 
other  circumstance,  which  in  the  opinion  of  the  Commission,  may  increase 
the  danger  from  fire. 

Sec.  9.  The  Commission  shall  by  Ordinance  regulate  the  storing  of  dy¬ 
namite,  gunpowder,  oils  and  other  combustible  and  explosive  substances, 
and  the  use  of  lights  in  buildings,  and  may  pass  and  enforce  such  ordi¬ 
nances  and  regulations  as  they  may  deem  necessary  with  relation  thereto 
for  the  prevention  and  suppression  of  fires. 


v 


40 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


Sec.  10.  Every  build.ng  or  structure  which  may  be  erected,  placed,  en¬ 
larged  or  kept  in  violation  of  any  provision  of  this  Charter  or  of  any  Or¬ 
dinance  or  regulation  lawfully  made  for  the  prevetion  of  fires,  or  any  ma¬ 
terial  which  shall  be  stored  or  kept  in  violation  of  this  Charter  or  of  any  Or¬ 
dinance  or  regulation  lawfully  made  for  the  prevention  of  fires,  it  is  hereby 
declared  to  be  a  nuisance,  and  the  same  may  be  abated  or  removed  by  the 
direction  of  the  Commission. 


ARTICLE  XV 

MISCELLANEOUS  PROVISIONS 

Sec.  1.  If  any  claim  for  unliquidated  damages  is  made  against  City  for 
injuries  to  persons  or  property  by  reason  of  defects  in  the  sidewalks, 
streets,  highways,  crosswalks,  bridges,  alleys,  courts,  public  grounds  or 
public  places  in  .the  City,  or  by  reason  of  any  negligence  on 
the  part  of  the  City,  or  the  City  officials  or  its  employees,  in  any  public 
work  in  which  it  or  they  are  engaged,  or  any  claim  is  made  against  the  City 
in  an  action  of  tort,  the  claimant  in  such  cases  shall  present  the  same  to 
the  Commission  within  sixty  (60)  days  after  the  injury  or  wrong  oc¬ 
curred;  such  claim  shall  state  the  place  where  such  injury  or  wrong  was 

received,  the  names  of  claimant’s  witnesses  concerning  the  same,  then  known 

to  claimant,  a  description  of  the  injury  sustained,  and  a  succinct  statement 
of  the  facts  constituting  such  claimant’s  demands  against  the  City  and  any 
further  statement  required  by  the  Commission.  If  said  claim  arises  from 
injury  received  by  reason  of  any  defect  in  the  sidewalks,  streets,  highways, 
bridges,  alleys,  courts,  public  grounds  ,  or  pubLc  works  in  which  the  City 
or  its  officials  are  engaged,  the  claimants  who  alleges  injury  thereon  shall  give 
notice  to  the  City  by  a  written  statement  filed  with  the  City  Clerk  within 
ten  (10)  days  of  the  time  of  said  injury,  specifying  the  location  upon  the 
street,  alley,  lane,  highway,  sidewalk,  crosswalk,  bridge,  court,  public 

place  or  public  ground  or  pubi  c  works  where  the  same  was  received,  and 
the  general  character  of  the  alleged  defect  claimed  to  have  caused  the  in¬ 
jury  of  the  claimant;  said  preliminary  notice  not  to  take  the  place  of  the 
specific  notice  herein  required  to  be  filed  within  sixty  (60)  days.  If  re- 
qu:red  by  the  Commission  or  a  committee  thereof,  said  claimant  shall 
produce  his  witnesses  before  said  Commission  or  committee  and  they  may 
be  sworn  and  examined  as  to  the  nature  of  the  claim,  the  amount  thereof 
and  the  particular  basis  upon  which  they  are  made.  The  Commission  or 
committee  shall  have  power  to  subpoena  witnesses  for  such  hearing.  Any 
such  claim  shall  be  void  unless  such  claimant  shall  bring  an  action  against 
the  City  for  such  demand  within  a  period  of  one  (1)  year  and  after  said 
Commission  has  had  a  reasonable  time,  not  to  exceed  sixty  (60)  days,  to  in¬ 
vestigate  and  pass  upon  such  claim. 

Sec.  2.  It  shall  be  a  sufficient  bar  to  any  action  or  proceeding  brought  in 
any  court  for  the  recovery  of  such  claim  against  the  City  that  such  claim 
has  never  been  presented  to  the  Commission,  or  not'ce  thereof  given  either 
as  to  the  time  and  place  of  injury  or  of  the  specific  basis  of  the  claim  as 
provided  for  in  the  preceding  section,  within  the  time  therein  limited,  or 
that  the  action  or  proceeding  was  brought  before  said  Commission  has 
such  reasonable  time  to  investigate  and  pass  upon  such  cla  m  as  herein¬ 
before  provided,  or  that  such  claimant  d'd  not  produce  h's  witnesses  for  ex¬ 
amination  upon  claim  made,  as  required  by  the  preceding  section,  or  that 
the  action  or  proceeding  was  not  brought  with’.n  the  period  of  one  (1)  year 
after  the  time  elapsed  for  the  Commission  to  investigate  such  claim  as 
hereinbefore  provided. 

Sec.  3.  If  any  contractor  shall  fail  to  maintain  sufficient  fence  or  pro¬ 
tection  guards  to  prevent  damage  or  injury  to  persons  or  property,  or  shall 
be  guilty  of  negligence  in  doing  work  under  contract,  and  injury  to  persons 
or  property  shall  occur  by  reason  of  such  default  or  negligence,  said  con¬ 
tractor  and  h's  bondsmen  shall  be  liable  to  the  person  injured  in  person  or 
property,  for  the  damage  sustained,  to  be  recovered  with  costs  in  the  proper 
form  of  action  in  any  court  of  competent  jurisdiction.  If  any  judgment  be 


9 


41 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


recovered  against  the  C.ty  as  defendant  in  any  suit  based  upon  such  de¬ 
fault  or  negligence,  the  City  shall  be  subrogated  to  the  rights  of  the  plain¬ 
tiff  against  such  contractor  or  his  bondsmen. 

Sec.  4.  Every  contract  to  which  the  City  is  a  party  shall  reserve  to  the 
City  the  right  to  determ.ne  finally  all  questions  as  to  the  proper  perform¬ 
ance  of  such  contract,  or  any  unfinished  portion  thereof,  and,  in  case  of  the 
improper,  dilatory  or  imperfect  performance  thereof,  to  suspend  the  work 
at  any  t.me  and  to  order  the  partial  or  entire  reconstruction  of  the  same,  and 
whenever  from  unreasonable  delay  in  the  work  or  for  other  just  cause  it  shall 
deem  such  contract  forfeited,  to  re-let  the  work  covered  by  such  contract, 
or  any  unfinished  portion  thereof,  and  power  is  hereby  given  the  City  to 
determine  all  such  questions  arising  under  any  such  contract  according  to 
the  true  intent  and  meaning  thereof.  Every  contract  shall  also  reserve 
to  the  City  the  right,  when  it  shall  become  satisfied  that  the  work  provided 
for  in  any  contract  will  not  be  completed  within  the  time  limited,  to  place 
additional  men  and  teams  on  sa  d  work  and  supply  additional  material  if 
necessary  and  render  such  assistance  as  it  may  deem  advisable  for  the  com¬ 
pletion  of  such  contract,  and  all  cost  and  expense  thereof  shall  be  charged 
to  the  contractor  and  reta  ned  by  the  City  out  of  the  contract  price. 

Sec.  5.  The  Circuit  Court  for  the  County  of  Manistee  shall  have  juris¬ 
diction  to  try  all  cases  under  this  Charter  or  the  Ordinances,  where  the 
penalty  for  the  offense  charged  exceeds  a  fine  of  One  Hundred  ($100.00) 

Dollars  or  imprisonment  for  more  than  three  (3)  months,  or  both.  Where 
the  penalty  for  the  offense  charged  does  not  exceed  the  amount  of  fine  or 
imprisonment  stated  or  both,  the  Justice  Courts  of  the  City  shall  have 
original  jurisdiction.  Appeals  from  Justices  Courts  to  the  said  Circuit 
Court  may  be  taken  in  like  manner  as  provided  by  law  for  appeals  from  the 
Courts  of  Justices  of  the  Peace  in  Townships. 

Sec.  6.  Whenever  by  the  provisions  of  this  Charter  it  becomes  unlawful 
to  do  a  certain  act  or  it  becomes  the  duty  of  some  other  person  to  per¬ 
form  some  act;  the  doing  of  sa  d  unlawful  act,  or  the  failure  to  perform 
such  duty,  shall  be  deemed  a  misdemeanor  and  punishable  by  a  fine  not  to  r 

exceed  Five  Hundred  ($500)  Dollars  or  imprisonment  for  ninety  (90)  days 
or  both,  in  the  discretion  of  the  Court.  Said  imprisonment  may  be  in  the 
County  Jail  or  City  Prison,  or  in  any  work-house  in  the  State  author¬ 
ized  by  law  to  receive  prisoners  from  this  City. 

Sec.  7.  The  time  of  the  City  shall  be  what  is  known  as  Standard  Time 
and  it  shall  not  be  changed  except  by  Federal  or  State  legislation  or  by 
a  majority  vote  of  the  electors  of  the  City. 

Sec.  8.  Th's  Charter  may  be  amended  in  accordance  with  the  pro¬ 
visions  of  the  General  Laws  of  the  State. 

ARTICLE  XVI 

REORGANIZATION  UNDER  THIS  CHARTER 

Sec.  1.  This  proposed  Charter  shall  be  submitted  to  the  electors  of  the 
City  of  Manistee,  for  adoption  or  rejection,  at  a  special  election  to  be  held 
at  such  date  as  the  present  Council  shall,  by  resolution  fix  and  determine, 
but  same  shall  not  be  later  than  the  third  Monday  in  February,  1922. 

Sec.  2.  The  notices  of  such  election,  the  opportunities  for  the  exami¬ 
nation  of  this  proposed  Charter  by  electors  and  others  interested,  the  form 
of  ballots  to  be  used,  the  conduct  of  the  election,  the  canvass  of  the  ballots 
cast  the  declaration  of  the  result  of  such  election,  and  all  other  matters  per¬ 
taining  to  such  special  election,  shall  be  in  accordance  w  th  the  present 
Charter  of  the  City  of  Manistee,  and  the  General  Laws  of  this  State. 

Sec.  3.  If  this  proposed  Charter  be  adopted  by  a  majority  of  the  votes 
cast  at  said  special  election,  it  shall  forthwith  become  the  Charter  of  the 
City  of  Manistee,  and  the  present  City  Charter  shall  thereby  become  re¬ 
pealed  and  annulled. 

Sec.  4.  All  Ordinances  of  the  City,  not  inconsistent  with  this  Charter, 
that  have  been  or  shall  be  adopted  prior  to  the  adoption  of  his  Charter, 


* 


42 


REVISED  CHARTER  OF  THE  CITY  OF  MANISTEE,  MICHIGAN. 


shall  remain  in  full  force  and  effect,  subject  to  repeal  or  amendment,  the 
same  to  all  intents  and  purposes,  as  if  they  had  been  adopted  under  this 
Charter. 

Sec.  5.  All  appo'ntive  officers,  agents  and  employees  of  the  City,  at  the 
time  this  Charter  is  adopted,  shall  cont.nue  in  the  performance  of  their 
offic  al  duties  until  the  City  Commission  shall  otherwise  direct. 

Sec.  6.  Each  member  of  the  present  Board  of  Assessors  shall  con¬ 
tinue  to  hold  his  office  and  perform  the  duties  thereof  until  the  expiration 
of  the  term  for  which  he  was  elected  and  until  his  successor  is  elected  and 
qualified,  unless  he  shall  resign  or  be  lawfully  removed  from  said  office. 

Sec.  7.  The  term  of  office  of  all  members  of  the  present  C.ty  Council  or 
Commission  shall  expire  on  the  first  secular  day  of  May  next  after  the 
adoption  of  this  Charter.  Provided  that  nothing  in  this  Article  shall  be 
construed  as  preventing  the  nomination  and  elect  on  of  any  person  as  Com¬ 
missioner  who  now  holds  such  office,  but  such  nomination  and  election  shall 
be  in  accordance  with  the  provisions  and  requirements  of  this  Charter. 


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